Search Decisions

Decision Text

ARMY | BCMR | CY2012 | 20120007850
Original file (20120007850.txt) Auto-classification: Approved

	

		BOARD DATE:	  6 December 2012

		DOCKET NUMBER:  AR20120007850 


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 that her Student Loan Repayment Program (SLRP) benefits be transferred to her U.S. Army Reserve (USAR) contract.

2.  The applicant states she transferred from the Army National Guard (ARNG) to the USAR and was eligible to transfer her SLRP benefits to the USAR; however, the recruiter did not fill out the required addendum and therefore she is unable to use the remaining $8,500.00 of her benefits.

3.  The applicant provides a one-page letter explaining her request, a memorandum of denial of her SLRP benefits from the unit administrator, and a memorandum from her unit personnel services noncommissioned officer.

CONSIDERATION OF EVIDENCE:

1.  The applicant served in the Regular Army from 2 July 1991 until she was honorably discharged in pay grade E-5 on 1 December 1998.

2.  On 2 December 1998, she enlisted in the Maine ARNG and she extended her enlistment for a period of 3 years and participation in the SLRP on 17 October 2001.

3.  On 8 May 2003, she was honorably discharged from the Maine ARNG for transfer to the USAR.

4.  On 28 August 2007, she again enlisted in the Maine ARNG and served until she was honorably discharged on 25 August 2010 to enlist in the Regular Army.

5.  On 26 August 2010, she enlisted in the Regular Army and served until she was honorably discharged on 23 November 2010 to accept a commission.

6.  She was commissioned as a Regular Army field artillery second lieutenant on 24 November 2010 and is currently serving in the Regular Army as a first lieutenant.

7.  In the processing of the case a staff advisory opinion was obtained from the USAR Command, Fort Bragg, North Carolina, which recommends approval of the applicant's request.  The Deputy Chief of Staff, G-1, states the applicant was entitled to transfer her SLRP entitlements from the ARNG to the USAR; however, the recruiter was required to complete a new addendum with her USAR contract.  Accordingly, she should be able to retain her entitlements.  The applicant concurred with the advisory opinion.

8.  Army Regulation 135-7 (Army National Guard and Army Reserve Incentive Programs) provides in paragraph 5-1.5.1b(1) that an ARNG Soldier eligible for loan repayment will retain the entitlement at the same level upon transfer to the USAR.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that she should be allowed to retain her SLRP benefits has been noted and appears to have merit.

2.  The applicant transferred from the MEARNG to the USAR and then back to the MEARNG.  Accordingly, a new DA Form 5261-4-R (SLRP Addendum) should have been prepared by the USAR recruiter to allow her to retain her SLRP benefits.

3.  Inasmuch as she completed the terms of her contract in the Reserve Components, she should be allowed to retain her SLRP entitlements.  Accordingly, her SLRP benefits should be reinstated effective the date she transferred to the USAR and an antedated DA Form 5261-4-R should be prepared to accompany her USAR contract.



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 completing an antedated DA Form 5261-4-R to her USAR contract and reinstating her SLRP benefits.



      ___________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)                                         AR20120007850



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120007850



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY1996 | 9605309C070209

    Original file (9605309C070209.TXT) Auto-classification: Denied

    APPLICANT REQUESTS: That her records be corrected to show that she executed a Student Loan Repayment Program (SLRP) addendum to her enlistment contract which was properly validated by her recruiter and that her student loans be paid for in accordance with the terms of that addendum. EVIDENCE OF RECORD: The applicant's military records show: She enlisted in the Army Reserve (USAR) on 19 August 1986 for 6 years in pay grade E-3. The applicant was never completed a properly countersigned SLRP...

  • ARMY | BCMR | CY2014 | 20140021194

    Original file (20140021194.txt) Auto-classification: Denied

    The applicant requests an exception to policy (ETP) to allow his private Sallie Mae student loan to be paid by the Army National Guard's (ARNG) Student Loan Repayment Program (SLRP). Annex L (Enlisted Loan Repayment Program Addendum - Army National Guard of the U.S.) to DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the U.S.) which he authenticated shows: * he had one loan in the amount of $16,111.37 * he could receive an amount not to exceed $50,000 to apply toward the...

  • ARMY | BCMR | CY2004 | 20040008110C070208

    Original file (20040008110C070208.doc) Auto-classification: Denied

    The applicant requests repayment of her student loans under the Student Loan Repayment Plan (SLRP) and payment of her enlistment bonus per her enlistment contract. The applicant states that after she enlisted, her bonus unit of assignment was deactivated and Soldiers were reassigned. Section III of the applicant's DA Form 5261-4-R (Student Loan Repayment Program Addendum) shows she contracted for assignment to the 8th Legal Support Organization, Team 3, Wichita, KS to serve in MOS 71D...

  • ARMY | BCMR | CY2013 | 20130002328

    Original file (20130002328.txt) Auto-classification: Denied

    The applicant requests payment of his student loans per his 2010 California Army National Guard (CAARNG) Student Loan Repayment Program (SLRP) contract. He signed a Selected Reserve ARNG SLRP incentive addendum on 9 April 2010 with the CAARNG. He was not authorized to receive the SLRP incentive because he had previously received an SLRP incentive from the USAR.

  • ARMY | BCMR | CY2011 | 20110008230

    Original file (20110008230.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of his records to show he is eligible for the Student Loan Repayment Program (SLRP) as stated in his enlistment contract. The applicant's military records should be corrected to show his SLRP Addendum was amended to include the statement, "If you enlist for the SLRP and the government fails to verify that you meet the eligibility criteria for entitlement to the SLRP, and such failure results in nonpayment of the loan by the SLRP or the repayment...

  • ARMY | BCMR | CY2014 | 20140009609

    Original file (20140009609.txt) Auto-classification: Approved

    The applicant states two issues have put the CLRP Addendum he signed in jeopardy: * his bonus addendum is signed but not dated by all concerned * he transferred from the New Hampshire Army National Guard (NHARNG) to the Maine Army National Guard (MEARNG) 2 years into his 3-year incentive bonus contract with the NHARNG 3. However, no one dated the addendum. c. The applicant moved from the NHARNG to the MEARNG approximately 2 years into his 3-year incentive contract.

  • ARMY | BCMR | CY2013 | 20130006214

    Original file (20130006214.txt) Auto-classification: Approved

    It also states: * Appointment is subject to completion of a one year initial probationary period beginning on 3 February 2008 * As a condition of employment, you are required to maintain membership in the USAR unit in which employed, meet both military and civilian position skill compatibility, and satisfy the military membership required by AR 140-315 (Employment and Utilization of USAR Military Technician) * Temporary employees serve under appointment limited to one year or less and are...

  • ARMY | BCMR | CY2013 | 20130005249

    Original file (20130005249.txt) Auto-classification: Denied

    The applicant provides an ETP request, dated 2 December 2009, she submitted to her immediate commander for payment of the SLRP benefit wherein she stated that before enlisting in September 2006 she was told 96B was a critical MOS that would come with the MGIB, SLRP, and an enlistment bonus. The applicant’s USAR unit previously submitted a request for the applicant to receive the SLRP incentive and it was denied by the approving authority based on the fact that she was not awarded the SLRP...

  • ARMY | BCMR | CY2001 | 2001064497C070421

    Original file (2001064497C070421.rtf) Auto-classification: Denied

    The applicant requests correction of military records as stated in the application to the Board and as restated herein. The applicant initialed paragraph 2, section III of the Student Loan Repayment Program Addendum, DA Form 5261, indicating he acknowledged, in connection with his enlistment for entitlement to the SLRP, that he met the listed eligibility criteria, i.e., that he had previous military service and was contracting to serve for 3 or more years in the Selected Reserve and, in...

  • ARMY | BCMR | CY2013 | 20130014171

    Original file (20130014171.txt) Auto-classification: Approved

    She enlisted in the CAARNG on 13 March 2001 for the SLRP and bonus incentives. Years later her records were audited and a determination was made to recoup the SLRP incentive that was paid over the years. The applicant provides: * DD Form 4 (Enlistment/Reenlistment Document) * NGB Form 600-7-1-R-E * NGB Form 600-7-3-R-E (Annex R to DD Form 4 – Reenlistment/Extension Bonus Addendum – ARNG) * NGB Form 600-7-5-R-E (Annex S to DD Form 4 – SLRP Addendum – ARNG) * Enlistment Bonus Control Number...