BOARD DATE: 6 December 2012
DOCKET NUMBER: AR20120007226
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 reinstatement of the remainder of his Student Loan Repayment Program (SLRP) benefits.
2. The applicant states, in effect, that his unit erroneously terminated his SLRP benefits and declared him an unsatisfactory participant; however, while he did miss some of the multiple unit training assemblies (MUTA), he was permitted to make up those MUTA's during the same fiscal year. Consequently, he should have remained eligible for his SLRP benefits.
3. The applicant provides copies of a letter from the U.S. Army Reserve (USAR) Command to his Congressional representative, his chronological statement of retirement points, his SLRP Addendum, a counseling statement, and his bank statements showing deposits for his alternate MUTA's.
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:
1. Counsel requests that the applicant be granted a personal appearance before the Board regarding his request to have his SLRP benefits reinstated.
2. Counsel states the applicant immediately contacted his unit when he was notified that he was in danger of becoming an unsatisfactory participant and made arrangements to make up the lost time as outlined in a recovery plan agreed to by his unit. He complied with the recovery plan and continued to be a satisfactory participant; however, his SLRP benefits were terminated.
3. Counsel provides no additional evidence other than that provided by the applicant.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the USAR on 22 July 2002 for a period of 8 years, a $5,000.00 enlistment bonus, and the SLRP. He completed his initial active duty training and was returned to his USAR unit.
2. The letter from the USAR Command to the applicant's Congressional representative indicates the applicant was declared an unsatisfactory participant by his unit and his SLRP benefits were terminated in 2008. It also indicates the applicant received $7,535.01 in SLRP benefits during 2003-2006 and was still eligible for benefits in 2007; however, he had to complete the necessary forms and forward them to the USAR Command.
3. The applicant served until he was honorably discharged from the USAR on 21 July 2010. He completed 7 years, 11 months, and 29 days of qualifying service for retirement.
4. In the processing of this case a staff advisory opinion was obtained from the Department of the Army Office of the Deputy Chief of Staff, G-1, which opined that the applicant served sufficient service to qualify for the remainder of his SLRP benefits and he should be allowed to receive the balance of his SLRP benefits. The advisory opinion was provided to the applicant for comment and to date no response has been received by the staff of the Board.
5. Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)) provides Department of the Army policy, criteria, and administrative instructions regarding an applicant's request for the correction of a military record. It provides that 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his SLRP benefits should be reinstated because he was not an unsatisfactory participant and because he completed his service under the terms of his contract has been noted and appears to have merit.
2. The applicant's explanation of the events that occurred when compared to his retirement points statement clearly indicates he fulfilled the terms of his contract. Therefore, it must be presumed that an administrative error resulted in termination of his SLRP and that error was not corrected when the applicant completed his recovery plan to make up his lost MUTA's.
3. Accordingly, it would be in the interest of equity and justice to correct his records by reinstating his SLRP benefits and allowing him to submit the necessary paperwork for payment.
4. The applicant's request for a personal appearance hearing was also carefully considered. However, by regulation, an applicant is not entitled to a hearing before the Board. Hearings may be authorized by a panel of the Board or by the Director of the ABCMR. In this case, the evidence of record and independent evidence provided by the applicant are sufficient to render a fair and equitable decision at this time. As a result, a personal appearance hearing is not warranted to serve the interest of equity and justice in this case.
BOARD VOTE:
___x_____ __x_____ _x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing his SLRP benefits were never terminated.
__________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) AR20120007226
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ABCMR Record of Proceedings (cont) AR20120007226
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