IN THE CASE OF:	  

		BOARD DATE:	  30 July 2013

		DOCKET NUMBER:  AR20120018517 


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 record to show he qualified and reenlisted for repayment of his student loans under the Student Loan Repayment Program (SLRP).

2.  The applicant states:

* he was eligible for the SLRP on his last reenlistment
* his retention noncommissioned officer (NCO) told him he was not eligible, but he reenlisted nonetheless
* his retention NCO told him he was eligible for a $5,000.00 bonus through his "8" identifier (Instructor)
* he found out 6 months later that he was actually eligible for the $10,000.00 SLRP
* he was eligible but he was given false information by his retention NCO
* his unit administrator helped him file an exception to policy with the Reserve
* he did not hear anything for 8 months and he has since changed units
* he recently called and asked for the status of his exception to policy and he was told it was denied due to budget cuts
* he believes his contract was erroneous because his recruiter neglected to provide him a benefit to which he was entitled

3.  The applicant provides an undated, self-authored statement.


CONSIDERATION OF EVIDENCE:

1.  With prior enlisted service in the Army National Guard, the applicant enlisted in the U.S. Army Reserve (USAR) on 22 November 2008.

2.  Section VI (Remarks) of the applicant's DD Form 1966/4 (Record of Military Processing – Armed Forces of the United States), dated 22 November 2008, contains the statement "Per Sergeant Ball USAREC HQ applicant is authorized a prior service (PS) bonus concerning his discharge from the NG under honorable conditions."

3.  Section IV (Service Obligation) of the applicant's Certificate and Acknowledgement USAR indicates the applicant acknowledged he was enlisting under the PS program.

4.  The applicant's Army Military Human Resource Record does not contain a
DA Form 5261-4-R (SLRP Addendum).

5.  In the processing to this case an advisory opinion was obtained from Headquarters, USAR Command, Chief, Personnel Management Division.  The advisory official recommended approval of the applicant's request for correction of his records and retroactive payment for the following reasons:

	a.  In accordance with Army Regulation 140-111 (USAR Reenlistment Program), paragraph 1b, every effort will be made to obtain a positive reenlistment decision.  The reenlistment NCO will contact individuals who are eligible to reenlist and conduct interviews.  During the interview, current reenlistment incentives, opportunities and benefits will be emphasized.

	b.  The Selected Reserve Incentive Program (SRIP) list for the timeframe of the applicant's reenlistment indicates he was eligible for up to $10,000.00 under the SLRP.  Although the applicant reenlisted, the reenlistment NCO should have provided all information regarding incentive eligibility prior to contract signature.

6.  On 17 May 2013, a copy of the advisory opinion was provided to the applicant by email for information and to allow him the opportunity to submit comments or a rebuttal.  On 17 May 2013, he concurred with the contents of the advisory opinion.

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.

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.  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.

10.  Title 10, U.S. Code, section 1552, the law which provides for the Board, states, "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 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."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.

2.  According to Headquarters, USAR Command, Chief, Personnel Management Division, the SRIP list for the timeframe of the reenlistment indicates the applicant was eligible for up to $10,000.00 under the SLRP.  The reenlistment NCO should have provided the applicant all information regarding incentive eligibility prior to contract signature.

3.  The applicant's enlistment contract should be corrected to show that he reenlisted under the SLRP and is eligible for up to $10,000.00.  Once his enlistment contract has been corrected, his eligible student loans should be paid per his contract.

4.  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.  In the event the applicant has paid his loans as a result of the error made by his reenlistment NCO, his military records should be corrected to show he completed a DA Form 5261-4-R which includes the sentence, "If a student loan is accepted by the officials processing you for enlistment as payable under the SLRP and it is later discovered that it is not payable for reasons of law or regulation, the Army Board for Correction of Military Records may pay the loan, at its sole discretion, in accordance with Title 10, U.S. Code, section 1552." This would allow the Board to invoke that provision and pay him the amount his lending institution would have been paid under the SLRP.

BOARD VOTE:

____x___  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 amending his reenlistment contract of 22 November 2008 to show he reenlisted in the USAR under the SRIP with eligibility for SLRP payment in the amount $10,000.00.

2.  His record should also be corrected to show he completed a
DA Form 5261-4-R that includes the statement, "If a student loan is accepted by the officials processing you for enlistment as payable under the SLRP and it is later discovered that it is not payable for reasons of law or regulation, the Army Board for Correction of Military Records may pay the loan, at its sole discretion, in accordance with Title 10, U.S. Code, section 1552."

3.  If the applicant has not paid off his student loans, the Defense Finance and Accounting Service (DFAS) shall remit payment to his lending institutions the appropriate amount.

4.  If the applicant has paid off his student loans then, in accordance with Title 10, U. S. Code, section 1552, and this correction DFAS shall remit payment to the individual concerned the appropriate amount.

5.  The applicant may have to provide DFAS with his promissory notes and accrued interest information.



__________ _  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)                                         AR20120018517



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ABCMR Record of Proceedings (cont)                                         AR20120018517



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