IN THE CASE OF:	  

		BOARD DATE:	  27 August 2013

		DOCKET NUMBER:  AR20130002139 


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 cancellation of recoupment of his Student Loan Repayment Program (SLRP) debt.

2.  The applicant states:

* the military overpaid his student loans in 2008 – he was not aware that an overpayment had occurred since the payments were made directly to the Department of Education while he was deployed to Iraq
* he was entitled to $9,000.00 in student loan repayment benefits; however, payments totaling $14,400.00 were applied toward his loans
* after redeployment from Iraq, he was released from active duty in Virginia, not California, and his Virginia address is reflected on his DD Form 214 (Certificate of Release or Discharge from Active Duty)
* he was separated from the Army in 2010 and he was not notified about the overpayment until December 2012
* he did not receive any debt notices regarding this overpayment because those notices were mailed to his previous address in California
* when he contacted officials of the California Army National Guard (CAARNG) regarding the overpayment, he was advised to seek debt remission and cancellation of recoupment through the Army Board for Correction of Military Records (ABCMR)

3.  The applicant provides:

* DD Form 214
* a Memorandum for Record (MFR) from a member of the Incentive Task Force (ITF) Audit Program, CAARNG, dated 19 December 2012
* an email from a member of the ITF Audit Program, CAARNG, dated       19 December 2012
* a memorandum from the U.S. Property and Fiscal Office (USPFO) for California, Mather, CA, dated 21 May 2012, subject: Incentives Notice of Indebtedness (NOI): Out-of-Service Personnel
* an audit package from the Headquarters, CAARNG, consisting of the following documents:

* a memorandum from Headquarters, CAARNG, Sacramento, CA, dated 21 February 2012, subject: Request for Documentation Supporting Your Incentive(s)
* ITF Bonus Audit Form
* Defense Finance and Accounting Service (DFAS) payment history
* control actions sheet
* bonus payment history
* DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States)
* DD Form 1966 (Record of Military Processing – Armed Forces of the United States)
* National Guard Bureau (NGB) Form 600-7-1-R-E (Annex E to DD Form 4 – Enlistment Bonus Addendum, ARNG of the U.S. (ARNGUS))
* Statement of Understanding for the Critical Skill Bonus
* Orders 7-2883, issued by Headquarters, U.S. Army Infantry Center, Fort Benning, GA, dated 7 January 2003
* Orders 283-008, issued by the Military Department of Indiana (IN), INARNG, dated 10 October 2003
* Orders 084-001, issued by Headquarters, 3rd Battalion, 116th Infantry Regiment, Fort Bragg, NC, dated 24 March 2004
* Orders 265-014, issued by Joint Force Headquarters – Virginia, VAARNG, dated 22 September 2006
* Orders 40-1212, issued by Joint Force Headquarters – California, CAARNG, dated 9 February 2007
* Orders 059-614, issued by the CAARNG, dated 27 February 2007
* Orders 56-1002, issued by Joint Force Headquarters – California, CAARNG, dated 25 February 2009

CONSIDERATION OF EVIDENCE:

1.  On 22 July 2002, the applicant enlisted in the INARNG for a period of 6 years. Together with his DD Form 4 and other allied documents, he signed an NGB Form 600-7-5-R-E (Annex S to DD Form 4, SLRP Addendum, ARNGUS), wherein he stated he was enlisting in the ARNGUS for a period of 6 years and he understood the SLRP program requirements; specifically, that the amount of reimbursement applied to his student loans could not exceed $10,000.00.

2.  On 15 October 2002, he entered active duty at Fort Benning, GA, for the purpose of completing one station unit training (OSUT).  On 14 February 2003, at the conclusion of Infantry OSUT, he was awarded military occupational specialty 11B (Infantryman).  On this same date, he was honorably released from active duty and returned to the control of the INARNG.

3.  On 4 October 2003, he was transferred to a unit of the VAARNG.

4.  On 1 March 2004, he was mobilized and ordered to active duty in support of Operation Enduring Freedom.  He deployed to Afghanistan during the period       7 July 2004 through 15 July 2005.  On 21 August 2005, he was honorably released from active duty and returned to the control of the VAARNG.

5.  On 13 September 2006, he was transferred to a unit of the CAARNG.

6.  On 3 March 2007, he was mobilized and ordered to active duty in support of Operation Iraqi Freedom.  He deployed to Iraq during the period 17 June 2007 through 18 May 2008.  On 13 July 2008, he was honorably released from active duty and returned to the control of the CAARNG.  Item 19a (Mailing Address After Separation) of his DD Form 214 contains an address in Burke, VA.

7.  Orders 56-1002, issued by Joint Force Headquarters, CAARNG, dated         25 February 2009, honorably discharged him from the ARNG, effective              21 October 2008, and reassigned him to the U.S. Army Reserve (USAR) Control Group.

8.  Orders D-07-013051, issued by U.S. Army Human Resources Command (HRC), St. Louis, MO, dated 27 July 2010, honorably discharged him from the USAR, effective 27 July 2010. 

9.  On 21 February 2012, an official of the CAARNG notified him, via memorandum, that he had potentially accrued a debt in the amount of $14,400.00, due to overpayment of his student loans under the SLRP.  The address used by the CAARNG to attempt to contact him regarding this issue is not listed on this memorandum.

10.  On 21 May 2012, the USPFO informed him by memorandum of his indebtedness to the U.S. government, in the amount of $14,400.00, by reason of his failure to provide valid loan documentation to substantiate his entitlement to loan repayment under the SLRP.  This memorandum shows the USPFO attempted to contact him at an address in Santa Clara, CA.

11.  On 19 December 2012, a member of the ITF Audit Program, CAARNG, informed him via email that his student loans had been overpaid by $5,400.00.  This official determined that $14,400.00 had been paid to his student loans, but he had only $9,000.00 of entitlement ($1,500.00 a year times the 6 years of his enlistment agreement).  The official’s email contains the statement, "our recommendation to you would be to file with the Army Board for Correction of Military Records (ABCMR) for relief from recoupment.  Nothing in our records indicated that you were negligent or at fault for receipt of an overpayment."

12.  There is no documentation in the available record that details monies paid by the CAARNG for repayment of his student loans under the SLRP.

13.  On 25 February 2013, in the processing of this case, an advisory opinion was rendered by the Chief of the Incentives and Budget Branch, Enlisted Accessions Division, Office of the Deputy Chief of Staff (G-1), Headquarters, Department of the Army.  This official recommended the granting of relief in this case, as a matter of equity, given the misrouting of DFAS debt notification letters and other unspecified errors in this case.

DISCUSSION AND CONCLUSIONS:

1.  The applicant executed a 6-year enlistment in the INARNG on 22 July 2002. As part of his enlistment, he executed an SLRP addendum.  The addendum entitled him to repayment of his student loans in the amount of $9,000.00.

2.  The applicant enlisted in good faith.  The evidence of record shows he fulfilled the terms of his enlistment contract; therefore, he was fully eligible for student loan repayment in accordance with the terms of his signed agreement.  There is no available documentation that shows the history of payment made toward his student loans; however, it appears that at some point in time the CAARNG made an overpayment toward his student loans, in an amount in excess of his remaining entitlement.

3.  Since no documentation is available to show the history of payments made toward his student loans, it is impossible to determine when the overpayment occurred, or how much of his entitlement remained when the overpayment was made.  Nevertheless, it was the CAARNG's responsibility, not the applicant's, to make a proper and appropriate payment on behalf of the Soldier.  

4.  The applicant completed his service in the CAARNG on 21 October 2008.  There is no available evidence that shows the CAARNG exercised its due diligence in attempting to contact him prior to 21 February 2012.  Any effort now, to collect the overpayment at this late date, would be contrary to equity and good conscience and against the best interest of the Army and the Soldier.

5.  In view of the foregoing, the applicant's record should be corrected as recommended below.

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 showing the appropriate authority made a timely decision that recoupment of any excess monies paid toward the applicant's student loans was not required.

2.  The Board further recommends that any payments made by the applicant to settle the indebtedness be returned to him.




      ____________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)                                         AR20120019427



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ABCMR Record of Proceedings (cont)                                         AR20130002139



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