IN THE CASE OF:	  

		BOARD DATE:	  4 June 2013

		DOCKET NUMBER:  AR20120018529 


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 remission or cancellation of his Student Loan Repayment Program (SLRP) debt in the amount of $1,142.20.

2.  The applicant states:

	a.  The U.S. Government shows he is in debt for payments made to the SLRP.

	b.  He signed his incentive contract for the SLRP.

	c.  Since he was a military technician, he was no longer able to receive SLRP benefits that were negotiated in his enlistment contract.

	d.  The money was allocated to pay his SLRP which was in his contract.

	e.  It was his understanding upon taking the military technician position that he could keep the SLRP even though he enrolled prior to becoming a permanent military technician.

	f.  He feels he should keep his student loan incentive without recoupment due to it being no fault of his own that the memorandum/policy was recalled.  At a minimum, he should not be held accountable for what has already been paid, resulting in no debt to the U.S. Government.

3.  The applicant provides a sworn statement.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Army National Guard on 26 April 2007.  His National Guard Bureau (NGB) Form 600-7-5-R-E (SLRP Addendum), dated 26 April 2007, shows he enlisted for the SLRP.  Section V (Termination) of this addendum states, "I understand that my Student Loan Repayment Program eligibility will be terminated if I accept a military technician position" or "accept a commission as an officer or an appointment as a warrant officer."

2.  On 5 August 2010, he was honorably discharged to accept an appointment as a commissioned officer.  He was appointed as a Reserve commissioned officer on 6 August 2010 in the rank of second lieutenant.  He was appointed as a second lieutenant in the Army National Guard on 7 August 2010.

3.  On 12 September 2011, he accepted a military technician position in the Alabama Army National Guard.  He resigned his military technician position on 3 November 2012 and he transferred to the Georgia Army National Guard on 4 November 2012. 

4.  During the processing of this case, an advisory opinion was obtained from the Acting Chief, Personnel Policy Division, NGB, who states:

	a.  The applicant signed the SLRP Addendum on 26 April 2007.  He became a military technician in the Alabama Army National Guard on 12 September 2011.  He resigned his technician position effective 3 November 2012 in order to transfer to the Georgia Army National Guard.

	b.  His SLRP Addendum states that accepting a military technician position will result in termination of the SLRP benefits; however, it does not give any reasons for recoupment in the addendum.

	c.  Per the Army National Guard Selected Reserve Incentives Program (SRIP) for Fiscal Year 2011, paragraph 8a, effective 1 August 2011, he was no longer entitled to his SLRP benefits upon accepting his permanent military technician position.

	d.  He is eligible to retain the SLRP benefits he received prior to 12 September 2011.  Although this error occurred at no fault of the applicant, any benefits he received on 11 September 2011 and any benefits thereafter should be recouped.

	e.  The advisory official recommended disapproval of the applicant's request.

	f.  The State concurs with this recommendation.

5.  The advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal.  On 6 February 2013, he responded and stated:

* he has been fighting this for over a year now
* "Uncle Sam" wins again
* his response is all in the paperwork
* he was told he would still receive his SLRP via that memorandum
* he now understands it was wrong and he is paying the price
* he has never missed a drill
* he has never had a negative counseling statement
* he has outstanding officer evaluation reports
* he has graduated in the top 10 percent of all his training and classes
* he has been an outstanding Soldier for his entire career
* it is this type of bureaucracy that discourages Soldiers from staying in the military and giving the selfless service they gladly give

6.  Paragraph 8a of Army National Guard SRIP for Fiscal Year 2011(All States Log Number P11-009), dated 25 July 2011, states military technicians are ineligible for the SRIP.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant enlisted for the SLRP on 26 April 2007, but his SLRP addendum states the SLRP will be terminated if he accepts a military technician position or a commission as an officer.

2.  The advisory official points out he is eligible to retain any SLRP benefits he received prior to 12 September 2011, but any benefits after that date should be recouped.

3.  Notwithstanding the advisory opinion, since he accepted a commission as an officer on 6 August 2010, he was no longer entitled to SLRP benefits.

4.  In view of the foregoing, the Defense Finance and Accounting Service (DFAS) should recoup any SLRP payments made after 6 August 2010.

5.  DFAS should audit his account and determine how much of his student loan debt has been paid subsequent to 6 August 2010 and debit him accordingly.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ____x___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army and State Army National Guard records of the individual concerned be corrected by allowing him to retain any SLRP benefits he received prior to 6 August 2010.

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to remitting his SLRP debt in the amount of $1,142.20 or any portion of it if it was not paid prior to 6 August 2010.



      _______ _   _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)                                         AR20120018529



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ABCMR Record of Proceedings (cont)                                         AR20120018529



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