IN THE CASE OF: BOARD DATE: 24 January 2023 DOCKET NUMBER: AR20220007173 APPLICANT REQUESTS: reconsideration of his previous request for: * payment of Federal Student Loans as provided by his Enlisted Loan Repayment Program (ELRP) agreement * remainder of Student Loan Repayment Program (SLRP) balance applied to Parent Plus loans APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Formal Written Notice of Complaint and Fraudulent Military Conduct letter * Army Board for Correction of Military Records (ABCMR) Docket Number * Memorandum – Subject: SLRP, 22 February 2017 * Defense Finance and Accounting Service (DFAS) letter, 25 February 2022 * DD Form 2475 (DOD Educational Loan Repayment Program (LRP) Annual Application), 8 November 2016 * Congress of the U.S. letter, 14 October 2016 * Navient letters * DD Form 214 (Certificate of Release or Discharge from Active Duty), 9 November 2011 * National Guard Bureau (NGB) Form 600-7-5-R-E (Annex L to DD Form 4 – Enlisted Loan Repayment Program Addendum), 15 February 2011 * Memorandum – Subject: Request for Exception to Policy (ETP) for SLRP, 7 December 2016 * DA Form 2823 (Sworn Statement), 27 October 2016 * Federal Student Aid letters * Navient Account history * Sallie Mae Servicing letter, 25 June 2007 * Notice of Loan Guarantee and Disclosure Statement for Federal Plus Loan * Sallie Mae letters * Federal Student Loan Master Promissory Note, 25 January 2006 * Federal Consolidation Loan Application and Promissory Note FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number on 4 June 2019. 2. The applicant states in pertinent part that he has worked diligently over the years to resolve this issue. He contests that he was promised payment under the SLRP and is currently unsure if this is a case of contract fraud, false claims, unethical sales tactics or otherwise. He refrains from readdressing the issues but rather defers to his previous application noting that it clearly provides his argument. He further expresses that time is of the essence and therefore he expects to receive an expedited response since this issue has been ongoing for over 10 years. In addition, he notes that his account was immediately sent to collections without properly notifying him in violation of the Fair Credit Reporting Act. He readdresses several areas of his previous case noting that his recruiter either did not understand the SLRP or he intentionally misled him to believe that all of his student loans would be covered, to include his Parent Plus Loans. To date, only his Federal Loans have been repaid. 3. A review of the applicant's available personnel records reflects the following: a. On 15 February 2011, the applicant enlisted in the Army National Guard (ARNG) for 8 years with entitlement to the Montgomery G.I. Bill Kicker and the Enlisted Loan Repayment Program (ELRP). The applicant endorsed NGB Form 600-7-5-R-E acknowledging that he had 2 previously disbursed loans existing totaling $71,486.53, however the total amount of repayment for qualifying loans would not exceed $50,000.00. The loans must have been made, insured or guaranteed under part B of the higher Education Act of 1965 (Guarantees Student Loans/Federally Insured Student loans) or any loan made under Part E of such act (National Direct Student Loans). Further the applicant acknowledged that he may be eligible to add new disbursed loans only at the lime of an extension of no less than 6 years. Loans eligible for repayment under the ELRP are: * Stafford Loans (subsidized/unsubsidized) * Federally Insured Student Loans * Perkins Loans, Auxiliary Loans to Assist Students (ALAS) * Supplemental Loans for Students (SLS) * Consolidated Loan Program (CLP) and (SMART) * William D. Ford Federal Direct Loan Program ***(State Student Loans are not eligible for the Student Loan Repayment Program) b. On 16 December 2011, the applicant was appointed a Reserve commission. c. On 30 January 2012, the FLARNG issued Orders Number 030-005 discharging the applicant from the ARNG, effective 15 December 2011, and reassigning him to the U.S. Army Reserve (Individual Ready Reserve (IRR)) due to his acceptance of a commission. d. On 28 June 2012, the NGB issued Special Orders Number 234 AR, announcing Federal recognition of the applicant's initial appointment within the ARNG as a commissioned officer, effective 16 December 2011. e. On 7 December 2016, the NGB disapproved the applicant's request for an ETP to retain the $50,000.00 SLRP noting that he had ineligible loans not authorized for payment and contracted for an incentive which included unauthorized Plus loans in violation of the program. Further, the applicant understood that Plus loans were not authorized for payment. The difference in the loan balance of $11,645.00 compared to his mother's balance of $71,486.53 resulted in a substantial overpayment for the first 3 year of $17,268.75. The applicant is required to repay the amount that he was overpaid. f. On 22 December 2016, the applicant was notified that his entitlement to the SLRP incentive was terminated with recoupment of $17,268.75 of previous payments. g. On 8 April 2018, the FLARNG issued Orders Number 098-009 separating the applicant from the ARNG and reassigning him to the USAR Control Group (IRR). 4. The applicant provides the following a: a. Memorandum – Subject: SLRP, dated 22 February 2017, reflective of the applicant's account of his initial enlistment activities noting that he advised his recruiter of his intention to have all of his previously received loans repaid adding that he provided promissory notes of his Parent Plus loans. He again argues "why would these documents exist within his contract if he was communicating that he wanted these loans repaid?" The applicant now understands that there is a "loophole" within his SLRP contract that states that "Plus Loans are not covered." He was assured by his recruiter that both his Federal Student loans and his Parent Plus loans would be repaid up to $50,000.00. The applicant further contests the requirement to reimburse $17,268.75 worth of previous payments noting that the maximum balance of his previously received personal loans only reached $15,915.00. Further, only 3 payments were made by the government totaling $16,875.00. This letter is provided in its entirety for the Board's review within the supporting documents. b. DFAS letter, dated 25 February 2022, reflective of the applicant's "Final Notice" of their intent to collect the $17,351.88 debt associated with recoupment of the unearned portion of his Reserve National Guard bonus. c. DD Form 2475 dated 8 November 2016, reflective of the applicant's request for repayment of a portion of his student loan(s). Section 3 (Loan Data) was not completed by the Loan Servicing Agency and is void of the loan amount and or outstanding balance. d. Congress of the U.S. letter dated 14 October 2016, reflective of communication provided to the applicant's Congressional representative regarding his request for loan reimbursement advising that previous payments were made against his Parent Plus Loans until the FLARNG Incentives Branch Technician noted the mistake when processing an annual payment (September 2016). The applicant was advised that payment of Parent Plus loans was not authorized under the SLRP. He was further advised to submit an ETP. e. Navient letters reflective of the applicant's student loans serviced by this agency between March 2006 and February 2015. Further review reflects 3 payments under the SLRP in 2013 ($10,095.45, $4,470.45 and $1,976.76) and the refund provided for previous overpayment on 16 February 2015. f. DD Form 214, ending on 9 November 2011, reflective of the applicant's service on active duty between 18 May and 9 November 2011. g. DA Form 2823 dated 27 October 2016, reflective of the applicant's submitted statement in support of his request for an ETP to apply the remainder of his SLRP benefits to his Parent Plus Loans. He notes that $22,500.00 has been received leaving a remaining balance of $22,500.00 to be disbursed under the $50,000.00 (maximum) that he originally contracted for. He again attributes the error to being misled or miscommunicated. h. Federal Student Aid letters reflective of historical information pertaining to the applicant's Stafford subsidized and unsubsidized loans. i. Navient Account history reflective of transactional documentation of payments made towards the applicant's loan between March 2007 and February 2015. j. Sallie Mae Servicing letter, dated 25 June 2007, reflective of the applicant being advised of the terms and conditions associated with his consolidated loan totaling $71,486.53. k. Notice of Loan Guarantee and Disclosure Statement for Federal Plus Loan reflective of being advised of information pertaining to previously received United Student Aid Funds between 2006-2007 totaling $70,870.00. l. Sallie Mae letters reflective of the applicant being provided with copies of his Promissory Note and Disclosure letters. m. Federal Student Loan Master Promissory Note dated 25 January 2006, reflective of the applicant's acknowledgement of the repayment requirements associated with his United Student Aid Funds as serviced by Sallie Mae Education and Trust. n. Federal Consolidation Loan Application and Promissory Note reflective of having a total of $71,343.52 ($35,929.90 and $35,413.62) worth of Parent Plus Loans serviced by Sallie Mae Education and Trust. 5. On 4 June 2019, the Board considered and denied the applicant's request for relief citing that based upon the NGB finding that the applicant has ineligible loans and did not complete appropriate documentation (DD Form 2475) for the Student Loan Repayment Program. Further, the applicant contracted for an incentive which included unauthorized Plus Loans in violation of the applicable guidance. Per the SLRP Addendum, the applicant understood the Plus Loans are not authorized for payment. The difference in his National Student Loan Data System (NSLDS) loan balance of $11,625.00 compared to his mother's balance of $71,486.53 resulted in a substantial overpayment for the first 3 years of $17,268.75. The applicant is required to repay this amount. The NGB referenced NGB EDUi 1.1 (NGB, Education Division Instruction), Chaplain, Health Professional and Enlisted Loan Repayment Programs (CHELRP) as the substantiating guidance for their decision. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant's contentions, the military record, and regulatory guidance were carefully considered. The Board noted that the applicant has ineligible loans and did not complete appropriate documentation (DD Form 2475) for the Student Loan Repayment Program. He contracted for an incentive which included unauthorized Plus Loans in violation of the applicable guidance. Per the SLRP Addendum, the applicant understood the Plus Loans are not authorized for payment. The difference in his NSLDS loan balance of $11,625.00 compared to his mother's balance of $71,486.53 resulted in an overpayment for the first 3 years of $17,268.75. He is required to repay this amount. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number on 4 June 2019. I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ? REFERENCE: National Guard Regulation 600-7 (Selected Reserve Incentive Programs) Chapter 5 (Student Loan Repayment Program) in effect at that time provides guidance for the administration of the Student Loan Repayment Program. Eligible service members are required to complete a Student Loan Repayment Addendum (NGB Form 600-7-5-R-E) as part of the enlistment or reenlistment/extension contract. Paragraph 5-3 (Eligible Loans and Entitlement) provides that loans that are eligible for repayment must be guaranteed under Part B of the Higher Education Act of 1965 or under Part E of the Act after 1 October 1975. These loans include: * Stafford Loans (subsidized) * Stafford Loans (unsubsidized) * Federally Insured Student Loans (FISL) * Perkins Loans (formerly NDSL) * Auxiliary Loans to Assist Students (ALAS) * Supplemental Loans for Students (SLS) * Consolidated Loan Program (CLP) and (SMART) * William D. Ford Federal Direct Loan Program Soldiers who gain eligibility for SLRP on or after 1 January 1994, are not eligible for repayment of Parent Loans for Undergraduate Students (PLUS). Soldiers participating in the SLRP prior to that date are authorized to have PLUS loans repaid (includes new loans signed after 1 January 1994). //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220007173 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1