IN THE CASE OF:	  

		BOARD DATE:  7 February 2012

		DOCKET NUMBER:  AR20110005386 


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 all of his student loans are authorized for repayment under the Army Student Loan Repayment Program (SLRP).

2.  The applicant states, in effect, that prior to enlisting in the Army he discussed his student loans with the recruiter.  He contends the Army recruiter told him that all of his loans qualified for repayment under the SLRP.  Based on his information, the applicant enlisted in the Wisconsin Army National Guard (WIARNG).

	a.  He completed basic and advanced individual training for military occupational specialty 31B (Military Police) as agreed to in his contract and required for repayment of his student loans.

	b.  He was subsequently mobilized and deployed to Iraq.  He followed up three times on the paperwork for his SLRP.  He was informed that only $2,625.00 of his $11,275.00 was eligible for repayment under the SLRP.

	c.  He did not receive a concrete response until November 2009 stating that his student loans did not meet the requirements to be paid under the SLRP.

	d.  He contends that he would not have enlisted in the WIARNG had he known his loans did not qualify for repayment.  The mistakes were made by the WIARNG.  He is still serving in the WIARNG and asks that his student loans be paid under the SLRP.
3.  The applicant provides copies of:

* Annex L to his DD Form 4 (SLRP Addendum – ARNG of the United States)
* Letter from Citibank, dated 7 August 2006, informing him of his approved loan for $9,000.00
* Citibank Disclosure Statement, dated 29 August 2006, informing him of his loan payment total (principal and interest) of $28,257.60
* Status of Stafford Loan of $2,625.00 effective 2 September 2010
* DD Form 2475 (DOD Educational Loan Repayment Program Annual Application), dated 3 October 2009
* Memorandum by the WIARNG Education Services Specialist, subject:  Authorization Action for SLRP Bonus Accounts, dated 4 November 2009
* Email communications between the applicant and WIARNG from July  to November 2009

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 a specialist (SPC)/E-4 in the WIARNG.

3.  A DD Form 4, dated 25 May 2007, shows the applicant enlisted in the ARNG of the United States for a period of 8 years with concurrent enlistment in the WIARNG for a period of 6 years.

4.  The Army National Guard Annex to his DD Form 4, dated 25 May 2007, shows he was enlisting into the Standard Training enlistment option and was assured of training in MOS 31B as a military police.  Section VII (Addendums) lists the SLRP form.


5.  Annex L to his DD Form 4 states in:

	a.  Section II (Eligibility) that he had three loans totaling $11,275.00.  The total amount of repayment for qualifying loan(s) would not exceed $20,000.00.

	b.   Section III (Entitlement and Payments) that loans eligible for repayment under the SLRP included:

* Stafford Loans (subsidized and 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

6.  A DD Form 2475, dated 20 July 2009 by the applicant, indicates he had a Stafford Loan in the original amount of $4,375.00.  The disclosure statement for this loan indicated a balance due of $2,625.00.  [NOTE:  A qualifying SLRP loan]

7.  The applicant's letters from Citibank indicate he had requested and received a CitiAssist Loan in the amount of $9,000.00.  This loan was disbursed to the University of Wisconsin in August 2006 and January 2007.  [NOTE:  Not a qualifying SLRP loan]

8.  In the processing of this case, on 19 December 2011, an advisory opinion was obtained from the Chief, Personnel Policy Division, National Guard Bureau, Arlington, VA.

	a.  The advisory official stated that it is the position of the ARNG that where an enlistment contract is found invalid due to Government error and the defect rendering the contract invalid is substantially due to Government error and not the fault of the effected Soldier, and where the Soldier had acted in good faith to fulfill the terms of the contract, then the Soldier should receive the benefit of that contract.

	b.  In this case, the applicant has not provided sufficient evidence showing Government error.  Accordingly, the advisory official recommends disapproval of the applicant's request; or that it be returned without further action to afford him the opportunity to obtain additional evidence.


	c.  The applicant claims he enlisted in the WIARNG on the basis of promises made by his recruiter that all of his outstanding student loans would be paid pursuant to the SLRP.  He further states, "…there was nothing which stated that these loans didn't meet the requirements to be paid off in [his] contract."

	d.  The applicant's statement is contradicted by Annex L to his DD Form 4 in that it contains a list of qualifying loan types.  Aside from his statement, he has not provided any evidence in support of his claim that the recruiter told him all of his loans would be paid.

	e.  The advisory official further states it would support approval of the applicant's claim if it were established that the recruiter had made such promises and these assurances were such that a reasonable person in the applicant's position would have been justified in relying on those promises despite the language in Annex L of his DD Form 4; and that the applicant did in fact rely on those promises as an incentive to enlist in the WIARNG.

9.  On 20 December 2011, a copy of the advisory opinion was furnished to the applicant for information and to allow him the opportunity to submit comments or a rebuttal.  He did not respond.

10.  The SLRP provides for the repayment by the Government of a designated portion of any qualifying 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.

11.  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 1 year old may then be paid in accordance with the terms of this educational enlistment incentive.

12.  Army Regulation 135-7 (Incentive Programs), 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his military record should be corrected to show that all of his student loans are authorized for repayment under the Army SLRP.  He claims the Army recruiter told him that all of his loans qualified for repayment under the SLRP.  Based on his information, the applicant enlisted in the WIARNG.

2.  The available evidence shows the applicant enlisted for the SLRP incentive up to $20,000.00.  He claimed loans totaling $11,275.00; however, only his Stafford loan in the amount of $2,625.00 was found to qualify for repayment under the SLRP.

3.  The applicant has not provided documentary evidence that sufficiently shows his Army recruiter promised him that all of his loans would be paid under the SLRP.

4.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.

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)                                         AR20110005386



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ABCMR Record of Proceedings (cont)                                         AR20110005386



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