IN THE CASE OF:	 

	BOARD DATE:	 23 December 2008 

	DOCKET NUMBER:  AR20080016389 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his military records to show that he is participating in the Army Student Loan Repayment Program (SLRP).  Alternatively, he requests that he be directly awarded $20,000.

2.  The applicant states, in effect, that he had reenlisted in the United States Army Reserve on 1 May 1999 for a period of 6 years.  As an incentive for doing so, he received a guarantee for $20,000 in SLRP benefits.  He understood that to use this benefit he was required to submit a request packet each year by the anniversary date of his reenlistment.  He contends that "despite submitting proper annual request packets under the program, the Soldier was denied payment on each occasion."  The first year after his reenlistment his command instructed him to not submit a packet until the following year.  The second and third years he submitted a packet.  He never received either of these packets back.  He was promised that future packets would be processed.  The fourth year he was assigned to Fort Sill, Oklahoma.  During that period, his command told him that he could not submit a packet due to the nature of his pay status.  The fifth year he had been temporarily assigned to a unit in Bangor, Maine.  He attempted to submit his repayment packet through the unit in Bangor but it was returned with questions as to who he was and why he was submitting it to them.  The last year [of his reenlistment period] he was drilling outside of Arizona due to job relocation [civilian employment].  He made no attempt to submit a packet as he felt it would be futile.

3.  The applicant further states, in effect, that a year after the end of his reenlistment contract, he accepted a commission in the active component.  Since then, he has asked at every assigned unit for assistance in correcting the error 
that prevented him from receiving his SLRP benefits.  He believes that he has been unjustly treated.  His reenlistment contract clearly shows that he was promised participation in the SLRP on the condition that he fulfilled certain stated obligations.  To his knowledge, he fulfilled those obligations.  He served the entire 6-year contract in his military occupational specialty (MOS) 91K (Medical Laboratory Specialist).  He reported for all drills and annual training throughout the period of enlistment.  He submitted requests for loan repayment under the program.  His recollection is that the loans were all made through the Stafford Student Loan Program.  In 2004, he consolidated his loans through Affiliated Computer Services, Incorporated (ACS).  If some other administrative error existed that prevented him from qualifying for the SLRP, his command should have assisted him in correcting it.  Had he been aware of what the problem was, perhaps he could have remedied the situation.

4.  The applicant provides copies of his Enlistment/Reenlistment Document 
(DD Form 4/1-4/2), dated 1 May 1999; Certificate of Acknowledgement of U.S. Army Reserve Service Requirements and Methods of Fulfillment (DA Form
3540-R), dated 1 May 1999; Selected Reserve Incentive Program -  Reenlistment/Extension Bonus Addendum (DA Form 5261-2-R), dated 1 May 1999; Student Loan Repayment Program Addendum (DA Form 5261-4-R), dated 1 May 1999; Retirement Detail History, and ACS Loan Account Statement, dated 24 February 2008 in support of his application.

CONSIDERATION OF EVIDENCE:

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 Army Board for Correction of Military Records (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.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  At the time of his application, the applicant was serving on active duty in Iraq as a first lieutenant, Military Intelligence.
3.  On 1 May 1999, the applicant reenlisted in the United States Army Reserve, in the rank of sergeant (SGT)/pay grade E-5, for a period of 6 years.  His contract included an addendum requiring him to serve in MOS 91K.  His contract included an addendum requiring him to serve in MOS 91K, for which Headquarters, Department of the Army approved a maximum of $20,000 in loan repayments.  The contract does not contain a description of his loans.

4.  There is no available evidence showing that he had requested repayment of his student loans or of any subsequent denials.  

5.  The ACS loan account statement provided by the applicant shows that he has a consolidated loan with an outstanding balance of $42,054.65 as of 24 February 2008.   At that time the loan was 10 days delinquent and had a payment due of $532.18.   

6.  On 18 December 2008, the Reserve Component Pay Support Office, Fort, McCoy, WI, informed the Board analyst that they had no record of the applicant submitting a request for repayment of his student loans.

7.  The SLRP provides for the repayment by the Government of a designated portion of any outstanding student loan(s) secured after 1 October 1975.  The loan amount to be repaid is 15 percent of the original balance of the loan plus accrued interest not paid by the Department of Education, or $500.00 plus the accrued interest not paid by the Department of the Education, whichever is greater.  Payments will be made for each year of satisfactory service in the Selected Reserve.  The maximum amount of loans against which the 15 percent is computed will not exceed $10,000.  This equates to a maximum annual repayment of $1,500 plus interest.  If the amount set for repayment is less than $500.00, then $500.00 becomes the calculated amount for repayment that year. 

8.  To be eligible for the SLRP incentive, a person must contractually obligate himself or herself to serve satisfactorily, must serve in a reserve unit for a full term of the contractual agreement and must further obligate himself or herself to continue to serve in the same component and the same MOS unless excused for the convenience of the Government.  Entitlement to the SLRP will stop if the Soldier is separated from the Selected Reserve.  Each complete satisfactory year of service performed under this SLRP agreement establishes an anniversary date.  Any qualifying loan which is at least a year old may then be paid in accordance with the terms of this educational enlistment incentive.

9.  Army Regulation 135-7 (Incentive Programs), in pertinent part, restricts the SLRP to those Reservists who either enlist or reenlist for a skill or unit approved by the Department of the Army and disseminated to the field by a list of MOSs and units, which is updated every 6 months.  This educational incentive may only be elected at the time of enlistment or reenlistment.  This incentive pays a limited 
sum of money to a lending institution on the anniversary date of an enlistment or reenlistment.  These payments continue on a yearly basis unless the Soldier loses eligibility by being separated from his or her unit.

10.  The Government will not make any payments to the Soldier or reimburse a Soldier if he or she pays off a student loan.  The Government will only pay the lending institution.

DISCUSSION AND CONCLUSIONS:

1.  The applicant initially contends that he understood that he was required to submit annual requests for loan repayment.  He qualifies his contention by further saying that he was instructed by his commander not to submit a packet until after his first year.  He submitted a packet the 2nd and 3rd years, but apparently not during the 4th, 5th, or 6th years.  However, there is no available evidence and the applicant has not provided any documentary evidence showing any of his submissions or their denials.  The Reserve Component Pay Support Office, Fort, McCoy, WI, had no record of receiving application packets from the applicant.

2.  The available evidence shows the applicant enlisted for the SLRP incentive up to $20,000.  However, there is no available evidence showing what his outstanding loans were at the time of his enlistment or that the loans qualified under the SLRP. 

3.  The applicant did not provide any DD Forms 2475 (DOD Educational Loan Repayment Program (LRP) Annual Application) that should have been submitted for repayment, nor did he submit copies of the original loan applications.  The ACS Loan Account Statement he submitted does not indicate what the loan was for, and it therefore cannot be determined that this ACS Loan Account Statement refers to eligible student loans.

4.  Although there is insufficient evidence on which to base granting relief at this time, if the applicant can obtain or reconstruct the documentation mentioned above he may apply to the U. S. Army Human Resources Command - St. Louis for relief (or, in the event that agency denies relief, he may reapply to this Board). He may contact the Reserve Component Pay Support Office at Fort McCoy, WI, at (608) 338-5437/2607 to obtain the contact information at St. Louis.

5.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

6.  In view of the foregoing, there is no basis for granting the applicant's request.

BOARD VOTE:

________  ________  ________  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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



___________X_____________
       CHAIRPERSON
      
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.

ABCMR Record of Proceedings (cont)                                         AR20070016793



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ABCMR Record of Proceedings (cont)                                         AR20080016389



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