BOARD DATE:	  24 October 2013

		DOCKET NUMBER:  AR20130016167


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, in effect, repayment of his student loans under the Student Loan Repayment Program (SLRP).

2.  The applicant states:

* he received only 3 of the 6 payments toward his student loans
* per his contract, he was guaranteed 6 years of payments 
* he did not receive the total incentive he contracted to receive
* on 23 June 2002, he reenlisted for 6 years to receive the SLRP
* he did not follow up with his payments until fiscal year (FY) 2011 after he completed graduate school
* at that time the Army National Guard (ARNG) incentives manager was able to pay only 3 years of the incentive
* he was told he could not receive the other 3 years of his payments due to fiscal law
* he believes he received payments for FY2005, FY2006, and FY2007
* he has yet to receive payments for FY2002, FY2003, and FY2004

3.  The applicant provides:

* National Guard Regulation (NGR) Form 600-7-5-R-E (Annex S to DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) – SLRP Addendum – ARNG of the United States (ARNGUS))
* DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated 23 June 2002
* a printout from the Strength Maintenance Management System (SMMS), and ARNG Incentives System

CONSIDERATION OF EVIDENCE:

1.  On 16 December 1995, the applicant enlisted in the Wyoming Army National Guard (WYARNG), thereby incurring an 8-year statutory obligation.  His expiration term of service (ETS) date was established as 15 December 2003.  He completed his initial entry training and was awarded military occupational specialty (MOS) 51B (Carpentry and Masonry Specialist).

2.  On an undetermined date, it appears he extended his initial enlistment by a term of 1 year, thereby amending his ETS date to 15 December 2004.

3.  On 23 June 2002, he signed a DA Form 4836, thereby extending his enlistment by a term of 3 years, 7 months, and 20 days.  His ETS date was amended to 5 August 2008.  His DA Form 4836 shows he executed the extension for the purpose of qualifying for the SLRP.  

4.  On 23 June 2002, in conjunction with this extension, he signed an ARNG SLRP Addendum.  On this form, he acknowledged:

* he had served at least 3 consecutive years in the ARNG and he was immediately reenlisting or extending for a period of 6 years in the ARNG
* he had 4 existing student loans
* under the SLRP, the government would repay a designated portion of any outstanding loan(s) he secured since 1 October 1975, provided the loan or loans were not in default
* such loan(s) must have been made, insured or guaranteed under Part B of the Higher Education Act of 1965 (Guaranteed Student Loans/Federally Insured Student Loans), or any loan made under Part E of such act (National Direct Student Loans)
* the amount of the loan(s) (not to exceed $10,000 when totaled) that may be repaid in his case was 15% (a maximum of $1,500) or $500 whichever is greater, plus interest
* this would be paid for each year of satisfactory service performed during this contractual commitment and after the loan or loans were made
* repayment of any such loan(s) would be made after each complete year of satisfactory service that he performs beginning with the contractual commitment 
* the SLRP Addendum does not require him to apply for reimbursement during the period covered by the reenlistment or extension document
5.  On 5 April 2008, he signed another DA Form 4836, thereby extending his enlistment by a term of 6 years.  His ETS date was further amended to 5 August 2014.

6.  On 25 November 2008, he was promoted to the rank/grade of sergeant first class/E-7. 

7.  On or about 5 August 2011, he received his Doctor of Philosophy (Ph.D.) degree from Colorado State University.

8.  It appears that at some time following the completion of his graduate studies, he sought reimbursement for his student loans from the WYARNG.   

9.  On 24 September 2013, in the processing of this case, an advisory opinion was provided by a member of the Incentives and Budget Branch, Enlisted Accessions Division, Directorate of Military Personnel Management, Office of the Deputy Chief of Staff, G-1, Headquarters, Department of the Army.  According to this official:

* the State incentives manager informed the applicant that he could only reimburse his loans for years 2006, 2007, and 2008, and that due to fiscal law, payments could not be made for the earlier years
* his request for relief should be denied, due to the 6-year limitation on the settlement of claims against the government imposed under Title “37” (should read "31") of the U.S. Code (USC), section (§) 3702   

10.  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 plus the accrued interest not paid by the Department of Education, whichever is greater.  Payments will be made for each year of satisfactory service in the Selected Reserve.  The maximum amount of loans against which the 15 percent is computed will not exceed $10,000.  This equates to a maximum annual repayment of $1,500 plus interest.  If the amount set for repayment is less than $500, then $500 becomes the calculated amount for repayment that year.   

11.  Title 31, USC, § 3702 (31 USC § 3702), also known as the barring statute, prohibits the payment of a claim against the government unless the claim has been received by the Comptroller General within 6 years after the claim accrues.  Among the important public policy considerations behind statutes of limitations, including the 6-year limitation for filing claims contained in this section of Title 31, USC, is relieving the government of the need to retain, access, and review old records for the purpose of settling stale claims, which are often difficult to prove or disprove.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for repayment of his student loans under the SLRP was carefully considered.

2.  The evidence of record shows that on 23 June 2002, he extended his enlistment in the WYARNG and signed an SLRP Addendum.  He qualified for the SLRP at this time, as he had at least 6 years of remaining service in the ARNG.  

3.  It appears based on the advisory opinion that was provided and the statement contained in his request that a portion of his student loans have been reimbursed for at least 3 of the 6 years for which he is entitled.  The remaining 
3 years (2003, 2004, and 2005) were not paid because of the limitations imposed by the barring act (31 USC § 3702).  

4.  The barring act exists to relieve the government of excessive paperwork by, and to prevent, stale, baseless claims which the government cannot substantiate.  In this case, the applicant served the 6 years required when he signed his SLRP Addendum.  Accordingly, he is certainly deserving of favorable consideration for his service to his country.  Further, documents verifying the applicant's entitlements are readily available.  

5.  The applicant did not submit for SLRP payments until 2011.  While his request was not timely, the ARNG SLRP Addendum did not require him to submit for reimbursement of his student loans during the period covered by his extension document.  Regardless of when he submitted for loan reimbursement, he earned the entitlement through his service throughout the contracted period.  Therefore, as a matter of equity, he should receive full administrative relief and he should receive student loan reimbursement for the remaining 3 years of his 6 year entitlement.  

BOARD VOTE:

___x__  ____x____  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Army National Guard and Department of the Army records of the individual concerned be corrected by:

   a.  showing the applicant timely submitted a request for student loan payment on each of his 6 anniversary dates; specifically, an application on 23 June 2003, 23 June 2004, and 23 June 2005;

   b.  showing that his requests for SLRP payment were accepted and processed by the appropriate office in a timely manner; and 

   c.  paying, out of ARNG funds, his student loan lenders as a result of these corrections.




      __________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)                                         AR20120005905



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ABCMR Record of Proceedings (cont)                                         AR20130016167



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