IN THE CASE OF: BOARD DATE: 9 November 2023 DOCKET NUMBER: AR20230003804 APPLICANT REQUESTS: in effect - * an exception to policy to add student loans to her unused Enlisted Loan Repayment Program (ELRP), currently known as and hereafter referred to as the Student Loan Repayment Program (SLRP), for the period 2010-2016 * payment of student loans totaling $41,989.00 * a personal or video/telephone appearance before the Board APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Forms 149, Application for Correction of Military Record * DD Form 2475 (Department of Defense (DOD) Loan Repayment Program (LRP) Annual Application), 19 November 2022 * Federal Student Aid Loan Summary, undated FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, 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: a. In 2010, she contracted to join the military and that contract was not upheld. She contends she was unaware she was entitled to receive the SLRP upon the completion of her initial training. She and the recruiter are at fault in this case because neither understood what benefits she would receive after completing her training. b. She became aware of the SLRP in 2020 during her third reenlistment when she elected to accept a Reenlistment Bonus and an SLRP incentive. At that time, she was told that she was not able to apply for the SLRP because she had contracted for it during her initial enlistment (2010-2016). It was her understanding that during her initial enlistment she was authorized the Montgomery GI Bill Kicker and Tuition Assistance. c. In 2010, she had $11,700.00 in student loans. The NGB Form 600-7-5-R-E, Annex L to DD Form 4, SLRP Addendum-Army National Guard of the United States, states that she could add additional student loans to be paid off during her period of enlistment (2010-2016), and those loans totaled $41,989.00. 3. The applicant’s record contains: a. A DD Form 4, Enlistment/Reenlistment Document-Armed Forces of the United States which shows she enlisted in the Georgia Army National Guard (GAARNG) for a period of six years on 25 May 2010. b. An NGB Form 600-7-5-R-E, 25 May 2010, which shows the eligibility criteria to receive an SLRP. This form shows/states: (1) Section II, Eligibility - the applicant reported having one existing disbursed loan in the amount of $11,700.00. Her contract further shows the total amount of repayment for qualifying loans could not exceed $50,000.00. She acknowledged her understanding that she may add new disbursed loans only at time of extensions of not less than six years. (2) Section III, Entitlements & Payments - loans must be one year old or older on her first anniversary eligibility date to qualify for this program. Loans that fell into default at any time after her enlistment/reenlistment/extension would not be eligible for repayment. Loans in default at the time of enlistment/reenlistment/extension would not be eligible for repayment. Payment would be processed on the anniversary date of her enlistment for each satisfactory year of service. (3) Section VII, Statement of Understanding, contains the following entries: (a) I will furnish the Military Entrance Processing Station Counselor with a copy of all of my promissory notes and proof of disbursement upon enlistment. A payment may not be authorized on loans where I did not submit my promissory notes and proof of disbursement at the time of enlistment. (b) Each year (90 days before my anniversary date) I will contact my unit to request payment on my loans(s). I am responsible for completing the required documents (DD Form 2475) for payment in accordance with regulation AR 135-7, Army National Guard and Army Reserve-Incentive Programs. (c) I will make arrangements for the lump sum payment, which the ARNG makes each year to be applied to future installments. (d) I understand that I may add new loans only at time of extension for a period of not less than 6 years. 4. The applicant extended her enlistment in the GAARNG on 14 June 2015 for a period of 6 years. 5. On 25 June 2021, the applicant extended her enlistment for an additional 3 years. 6. On 9 December 2022, she was involuntarily discharged from the GAARNG. 7. The applicant provided an uncertified DD Form 2475, 19 November 2022. This form does not contain loan data; however, the applicant attached a detailed loan summary which shows she has 18 outstanding loans, all in a deferment status, totaling $130,690.00 for the following periods and amounts: * 18 August 2008 to 8 June 2009 - $3,366.00 * 18 August 2008 to 8 May 2009 - $4,228.00 * 14 May 2009 to 31 July 2009 - $1,208.00 * 17 August 2009 to 7 May 2010 - $3,351.00 * 17 August 2009 to 7 May 2010 - $5,346.00 * 11 May 2011 to 27 July 2011 - $326.00 * 9 January 2012 to 3 August 2012 - $3,071.00 * 9 January 2012 to 3 August 2012 - $5,882.00 * 13 August 2012 to 7 May 2013 - $9262.00 * 13 August 2012 to 7 May 2013 - $5,949.00 * 5 January 2017 to 4 May 2017 - $3,888.00 * 5 January 2017 to 4 May 2017 - $2786.00 * 13 May 2019 to 2 August 2019 - $3244.00 * 19 August 2019 to 8 May 2020 - $12, 697.00 * 29 August 2021 to 1 May 2022 - $20,500.00 * 8 May 2022 to 25 December 2022 - $20,500.00 8. On 3 August 2023, the Chief, Special Actions Branch, National Guard Bureau (NGB) provided an advisory opinion in this case. This official recommended partial approval and stated, in effect: a. The applicant’s records show that she signed an SLRP addendum on 25 May 2010; the addendum states she had one disbursed loan existing in the amount of $11,700.00. According to the incentive contracts history in Army Guard Incentive Management System (GIMS), the contract was approved and validated in June 2010, and the date was migrated from the Information Management and Reporting Center (iMARC) in August 2012, but was closed in November 2016 with the comment, “no incentives on original contract.” Since then, the applicant accrued new student loans, with a payoff balance to $41,989.00. The initial contract was for six years, from 2010 to 2016. She extended for six years in 2016 and signed a Reenlistment/Extension Bonus (REB) contract. In 2022, the applicant extended for another 3 years. b. According to National Guard Regulation (NGR) 600-7, Selected Reserve Incentive Program (SRIP), and Annex L to DD Form 4, payment will be processed on the anniversary date of the applicant’s enlistment for each year of service. Her student loan repayment eligibility may be suspended if there are periods of qualifying non- availability, or if she were flagged for adverse action. Based on the applicant’s claims and the documents she provided in support of her request; the applicant did not have periods of unavailability and she was not flagged for adverse action that would have suspended her eligibility from the SLRP. Additionally, according to Section II of the SLRP addendum, new disbursed loans may be added only at the time of extensions of not less than six years. NGR 600-7, paragraph 2-24 states that, “Soldiers who have previously contracted for SLRP and have completed the contract term in the Selected Reserve are not authorized another SLRP.” c. For these reasons, it is the recommendation of this office that the applicant’s request be partially approved. Based on the applicant’s records, her student loan was not correctly paid per the outlines of her contract. The repayment of her loans through the SLRP should have been paid starting in 2017. The applicant successfully met the requirements of the contract and served her initial six years. However, the applicant cannot add her additional loans to this SLRP, because Annex L to DD Form 4 clearly states that new disbursed loans may only be added at the time of extensions, and she is ineligible for another SLRP because NGR 600-7 states that “Soldiers who have previously contracted for SLRP and have completed the contract term in the SELRES are not authorized another SLRP.” d. The Army National Guard Incentives Branch and the GAARNG concurred with this recommendation. 9. The applicant was provided a copy of the NGB advisory opinion. In her response she stated, in effect, the payment of her student loans incurred between 18 August 2008 and 7 May 2012, totaling $42,049.00 is in accordance with her initial SLRP addendum. She contends that these loans fall within the six-year term of her enlistment (2010-2016). Based on her understanding, the eligibility criteria for the SLRP permit her to add new loans (totaling $30,349.00) during the initial term of service to the initial $11,700.00 loan she had upon entering the ARNG. If this is not the meaning of the criteria listed, it should have been made clear. Nonetheless, she was not properly informed about this incentive when enlisting and did not know it was part of her contract until years later. She was never informed that she needed to submit documentation of loans that needed to be paid off. The SLRP incentive can only be used once, and she should be allowed to include additional loans. 10. The National Guard Bureau Education Division Instruction (NGB-EDUi 1.1), ARNG-Chaplain, Health Professional and Enlisted Loan Repayment Programs, in effect at the time, states any Soldier who initially contracts for the ELRP on or after 1 October 2009 may continue ELRP eligibility by extending for a period of not less than six years once they reach their 12 month extension window. Any period of extension of less than six years will terminate ELRP eligibility. These Soldiers may continue to extend in this manner until they reach the maximum dollar amount authorized on their initial ELRP contract. Any new qualifying loans that were disbursed during the current contract term may be added for repayment only up-to the fifth anniversary date. Loans disbursed after the fifth anniversary date, will require a new 6-year contract extension. 11. NGR 600-7, currently in effect, states - a. The SLRP may be offered to Prior Service enlistees, and current ARNG members. Soldiers who previously contracted for SLRP in the Selected Reserve are only entitled to the maximum benefit established by the original contract, minus any amount previously paid under the contract. b. Soldiers who have previously contracted for SLRP and have completed the contract term in the Selected Reserve are not authorized another SLRP. 12. The ABCMR will decide cases on the evidence of record. It is not an investigative body. Applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found partial relief is warranted. 2. The Board concurred with the conclusion of the advisory official that the applicant’s student loans were not paid in accordance with the ELRP contract she signed upon enlistment in 2010. The Board found evidence shows she would have been eligible for annual payments beginning on the first anniversary of her enlistment. The Board determined payments toward eligible loans should now be made in accordance with her 2010 ELRP contract. 3. The Board found insufficient evidence indicating the applicant became eligible to add additional loans during her period of service. The Board determined there is no basis for any relief beyond what is described in the previous paragraph. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial 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 timely requests for annual ELRP payments were submitted beginning in 2011 through the end of the contracted incentive period and by making all authorized payments toward eligible loans in accordance with the 2010 ELRP contract. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to any relief in excess of that described above. 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, U.S. Code, 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. National Guard Bureau Education Division Instructions 1.1, Army National Guard- Chaplain, Health Professional and Enlisted Loan Repayment Programs (CHELRP), 1 October 2009 provides guidance with procedures, and information to participate and execute the Army National Guard Loan Repayment Program. It states under no circumstances will a Soldier be entitled to participate in more than one ARNG loan repayment program. Paragraph 2-3 states to be eligible for the ELRP: a. Soldiers must have one or more qualifying, and disbursed loans at the time of enlistment/reenlistment/extension. b. Any Soldier who initially contracts for the ELRP on or after 1 October 2009 may continue ELRP eligibility by extending for a period of not less than six years once they reach their 12 month extension window. Any period of extension of less than six years will terminate ELRP eligibility. These Soldiers may continue to extend in this manner until they reach the maximum dollar amount authorized on their initial ELRP contract. (1) Any new qualifying loans that were disbursed during the current contract term may be added for repayment only up-to the fifth anniversary date. Loans disbursed after the fifth anniversary date, will require a new 6-year contract extension. (2) Payments on loans cannot exceed the $50,000 amount authorized under the initial contract, with a maximum payment of 15 percent ($7,500 cap per Soldier, per year) or $500 per year, whichever is greater. The annual payment will include interest as long as the combined principal and interest payment does not exceed the maximum amount authorized under the law. 3. NGB 600-7, SRIP, 12 August 2014, governs incentive policies, procedures, and eligibility criteria for persons entering into an incentive agreement at the time of enlistment, affiliation, reenlistment, extension, commission, or appointment into the Army National Guard, on or after the effective date of this regulation. a. This regulation updates certain provisions in effect from earlier FY incentive programs. Soldiers who entered into agreements in an earlier incentive program will continue to participate according to their contractual agreement, and this regulation when applicable. This regulation does not change the conditions of entitlement, eligibility criteria, or benefits of earlier incentive programs. Total incentive amounts and anniversary payment schedules specified in the original incentive agreement executed at the time of enlistment, accession, reenlistment, extension, affiliation, commission, or appointment will remain unchanged. An incentive agreement cannot exceed the limits of the law or authorized limits of the Secretary of the Army (SA). Retroactive entitlement or reinstatement based on the revised or amended policy contained in this regulation is not authorized. b. Paragraph 2-24b, lists the SLRP eligibility requirements that may be offered to Prior Service enlistees, and current Army National Guard members. These requirements include: (1) Soldiers who previously contracted for SLRP in the Selected Reserve are only entitled to the maximum benefit established by the original contract, minus and amount previously paid under the contract. (2) Soldiers who have previously contracted for SLRP and have completed the contract term in the Selected Reserve are not authorized another SLRP. 4. Title 10, U.S. Code, section 1552, the law which provides for the Board, states that The Secretary may pay, from applicable current appropriations, a claim for the loss of pay, allowances, compensation, emoluments, or other pecuniary benefits, or the repayment of a fine or forfeiture, if, as a result of correcting a record under this section, the amount is found to be due to the claimant on account of his or another's service in the Army, Navy, Air Force, Marine Corps or Coast Guard, as the case may be. 5. Army Regulation 15-185, ABCMR, prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR will decide cases on the evidence of record. It is not an investigative body. Applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230003804 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1