IN THE CASE OF:  
 
  BOARD DATE: 5 September 2023 
 
  DOCKET NUMBER: AR20230001689 
 
 
APPLICANT REQUESTS:  payment of his Student Loan Repayment Program (SLRP) for Fiscal Years (FY) 2012, 2013, and 2014. 
 
APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: 
 
• DD Form 149 (Application for Correction of Military Record) 

• Enlistment/Reenlistment Agreement Army National Guard (ARNG) Service Requirement and Methods of Fulfillment 


 
FACTS: 
 
1.  The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 
 
2.  The applicant states, in effect, the education office is asking for a deliberation for closed years on payment under the SLRP incentive for his reenlistment contract with the Texas Army National Guard (TXARNG). In order for payment to be made under this incentive this deliberation is needed to open funds back up at the Congressional level since this process is over 6 years old. He submitted the paperwork, in all three years where payment was not received for FY 2012 through FY 2014. The incentives and education office shows no record of the submitted paperwork from him. He has entered into the retirement process and has been contacted by Federal Student Loans stating they had not been paid. He has put the loans on deferment to resolve the situation with the education and incentives office.     
 
3.  The applicant's service record contains the following documents for the Board's consideration: 
 
a. On 19 September 2002, the applicant enlisted in the Regular Army in Military Occupational Specialty (MOS) 13 B (Cannon Crewmember). 


 
b. DA Form 1059 (Service School Academic Evaluation Report) shows the applicant attended and completed the Special Forces Weapons Sergeant Course from 16 May 2005 through 4 November 2005. 


 
c. DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) dated 14 July 2008, shows the applicant enlisted in the ARNG for a period of 6 years in MOS 18B (Special Forces Weapons Sergeant). In conjunction with this enlistment National Guard Bureau (NGB) Form 600-7-5-R-E (Annex L to DD Form 4 SLRP Addendum ARNG of the U.S.) shows the applicant enlisted in the ARNG for the SLRP. He was enlisting for a minimum of service of 6 years in the ARNG. He had four loans existing in the amount of $14,125.00 The amount of repayment for qualifying loans would not exceed $20,000.00.   


 
 d.  DA Forms 4836 (Oath of Extension of Enlistment or Reenlistment) shows the applicant extended his enlistment on: 
 
• 30 March 2012, for a period of 9 months 

• 23 March 2015, for a period of 6 years 

• 9 April 2021, for a period of 1 year 

• 13 April 2022, for a period of 1 year 


 
e.  The applicant remains in the ARNG. 
 
4.  The applicant provides an Enlistment/Reenlistment Agreement ARNG Service Requirements and Methods of Fulfillment, dated 14 July 2008 for the Board's consideration. The purpose of the form was to explain the applicant's military obligation, the methods of fulfilling that obligation, and participation requirement, and to ensure the applicant's agreement to these conditions was a matter of record. The document shows one of the addendums attached to his enlistment contract was the SLRP form.  
 
5.  On 28 July 2023, the NGB, Chief, Special Actions Branch, provided an advisory opinion for the Board's consideration, which states, in effect: 
 
 a.  The applicant requests payment of SLRP for FY 2012, FY 2013, and FY 2014. NGB recommended approval of his request.  
 
 b.  The applicant requests payment of the SLRP incentive for which he had four loans in the amount of $14,125.00 that had been verified as disbursed Title IV Federal Loan(s) not in default at the time of his approval for payment under the SLRP.  
 
 c.  A review of documents, and data within the Guard Incentives Management System showed the applicant signed a SLRP agreement on 14 July 2008 with the 
TXARNG for a term of 6 years in MOS 18B, which was a critical MOS authorized for the SLRP.  
 
 d.  A review of the applicant's claim by the TXARNG Incentive Office revealed that the applicant did have a valid SLRP contract, which he signed on 14 July 2008. Additionally, the TXARNG could not find any documents showing that the applicant submitted paperwork requesting payment for FY 2012, FY 2013, and FY 2014. However, based on the SLRP contract the applicant is entitled SLRP payment for those FYs.  
 
 e.  It is the recommendation of NGB that the applicant's request be approved. The applicant did have a valid SLRP contract with the TXARNG and should receive payment for FY 2012, FY 2013, and FY 2014. The input provided by the TXARNG supports the recommendation to initiate payments of the applicant's SLRP for those FYs. 
 
 f.  The opinion was coordinated with the TXARNG Incentive Office.   
 
6.  On 5 August 2023, the advisory opinion was provided to the applicant to allow him the opportunity to respond. He did not respond.  
 
BOARD DISCUSSION: 
 
After reviewing the application, all supporting documents, and the evidence found within the applicant’s military records, the Board found that relief was warranted. The applicant’s contentions, his military records, and regulatory guidance were carefully considered. The applicant requests payment of the SLRP incentive for which he had 4 loans in the amount of $14,125.00 that had been verified as disbursed Title IV Federal loan(s) not in default at the time of his approval for repayment under SLRP. The applicant signed an SLRP agreement on 14 July 2008 with the TXARNG for six years in a MOS 18B, which is a critical MOS authorized for SLRP. The TXARNG could not find any documents showing that the Soldier submitted paperwork requesting payment for FY12, FY13, and FY14. However, based on the SLRP contract the Soldier is entitled SLRP payment for FY12, FY13, and FY14. The Board reviewed and agreed with the NGB’s finding that the applicant’s request be approved since he did have a valid SLRP contract with the TXARNG and should receive payment for FY12, FY13, and FY14.  
 
  
BOARD VOTE: 
 
Mbr 1 Mbr 2 Mbr 3 
 
xx: xx: xx: GRANT FULL RELIEF 
 
: : : GRANT PARTIAL RELIEF 
 
: : : GRANT FORMAL HEARING 
 
: : : DENY APPLICATION 
 
BOARD DETERMINATION/RECOMMENDATION: 
 
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army and Army National Guard records of the individual concerned be corrected by showing: 
 
• The applicant timely submitted an exception to policy (ETP) request to the National Guard Bureau (NGB) for payment of the SLRP incentive for FY12, FY13, and FY14 

• The NGB timely received, approved, and accepted his ETP for payment 


 
  9/5/2023

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. 
 
 
 
 
  
REFERENCES: 
 
1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 
 
2.  Department of Defense Instruction (DODI) 1205.21 (Reserve Component Incentive Program Procedures) states in Paragraph 6.2, as a condition of the receipt of an incentive covered by this Instruction, each recipient shall be required to sign a written agreement stating that the member has been advised of and understands the conditions under which continued entitlement to unpaid incentive amounts shall be terminated and which advance payments may be recouped. That agreement shall clearly specify the terms of the Reserve service commitment that authorizes the payment of the incentive to the member.   
 
3.  Army Regulation 135-7 (Incentive Programs) states the SLRP authorizes student loan repayment for qualified Selected Reserve enlisted personnel. This incentive is offered to qualifying non-prior, prior, and in- service personnel on signing a contractual 
agreement for a specified term of service in the Selected Reserve. Selection of the SLRP incentive must be made by the person when he or she signs a Selected Reserve contractual agreement. The SLRP may be offered to a soldier regardless of the number of years time-in-service (TIS) the Soldier has at the time he or she meets the SLRP 
eligibility criteria. The maximum for a Soldier who contracts into a critical MOS that has been established by Headquarters Department of the Army is $20,000.00. 
 
4.  Title 31, USC, section 3702, also known as the Barring Statute, prohibits the payment of a claim against the Government unless the claim has been received by the Comptroller General within 6 years after the claim accrues.  Among the important public policy considerations behind statutes of limitations, including the 6-year limitation for filing claims contained in this section of Title 31, U.S. Code, is relieving the Government of the need to retain, access, and review old records for the purpose of settling stale claims, which are often difficult to prove or disprove. 
 
//NOTHING FOLLOWS//