BOARD DATE:	  29 July 2014

		DOCKET NUMBER:  AR20130016707 


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 request, in effect, retention of his Student Loan Repayment Program (SLRP) incentive from the U.S. Army Reserve (USAR); correction to his leave; and correction to his insurance coverage.

2.  The applicant states:

   a.  In effect, a debt was imposed by the Defense Finance and Accounting Service (DFAS) due to clerical error made by various staff members.   

   b.  His original enlistment bonus was recouped because someone through he had a break in service.  His retirement points indicate otherwise.  Letters to DFAS have been unanswered for years.  His leave was submitted incorrectly while he was in Iraq from 2005 to 2006.  He was charged double for his leave causing DFAS to create an additional debt.  He was later told that he was double paid, but he was not.  He was charged for the Servicemembers Group Life Insurance (SGLI) after declining coverage in 2006.  That is another debt DFAS has charged him with.

   c.  The SLRP for 17 April 2003 through 16 April 2004 was submitted in May 2003.  He was deployed to Afghanistan soon after and he received a leave and earnings statement (LES) stating that the loans were not paid.  His unit administrator had no knowledge of the situation.  At the time he was assigned to the 450th Military Police (MP) Company, National Guard, in Tennessee. He is currently assigned to the 320th MP Company and trying to process the current SLRP for 17 April 2003 through 16 April 2004.  A correction must be made to his DA Form 5261-4-R (SLRP Addendum).  His contract stated that he is entitled to $10,000 in SLRP and he has not been paid.
3.  The applicant provides copies of the following:

* 1998 Direct Loans Promissory Notes and Disclosure form
* DD Form 4/1 (Enlistment/Reenlistment Document)
* DD Form 1966/1 (Record of Military Processing – Armed Forces of the United States)
* DA Form 5261-R (Selected Reserve (SELRES) Incentive Program –Enlistment Bonus Addendum)
* DA Form 5261-4-R (SLRP Addendum)
* USAREC Form 11-22-R-E (Statement of Understanding Addendum)
* DA Form 3540-R (Certificate and Acknowledgement of U.S. Army Reserve (USAR) Service Requirements and Methods of Fulfillment)
* DA Form 3286-67 (Statement of Understanding)
* twelve DD Forms 2475 (Department of Defense (DOD) Educational Loan Repayment Program (LRP) Annual Application)
* 2000 Direct Loans Promissory Notes and Disclosure form
* Chronological Statement of Retirement Points
* A letter from the Department of the Treasury, Financial Management Service

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant contends his original enlistment bonus was recouped, he was charged double for leave while he was in Iraq 2005 to 2006, and he was charged for SGLI after declining coverage in 2006.  However, all the evidence he submitted with his application pertain to his SLRP incentive.  He did not provide any evidence pertaining to his other contentions and debt issues and whether he submitted requests to DFAS for corrective action.  As a result, those contentions will not be further discussed in this Record of Proceedings.

3.  The applicant enlisted in the USAR on 17 April 1999.  On the same day, he completed a DA Form 5261-R and executed an agreement for an SLRP incentive for $10,000.00.  He agreed to serve for 6 years in the SELRES in military occupational specialty (MOS) 75H (Human Resources Specialist). 

4.  He entered active duty for training (ADT) on 12 May 1999 and completed training for award of MOS 75H.  He was released from ADT on 24 September 1999.  He was assigned to a troop program unit (TPU), the 381st Adjutant General Detachment, Ponca City, OK.

5.  On 15 March 2002, Headquarters, 90th Regional Support Command, published Orders 02-074-012 releasing him from assignment to his TPU, 381st Adjutant General Detachment, and reassigned him to the USAR Control Group (Annual Training) as an unsatisfactory participant. 

6.  On 29 March 2002, the U.S. Army Human Resources Command published Orders C-03-209005 reassigning him from the USAR Control Group (Annual Training) to Headquarters, 8th Brigade Senior Reserve Officers' Training Program (SROTC), 95th Division (Institutional Training), Stillwater, OK.  

7.  On 20 November 2002, Headquarters, 90th Regional Support Command, published Orders 02-324-900 revoking Orders 02-074-012 that reassigned him to the USAR Control Group (Annual Training) as an unsatisfactory participant.

8.  Also on 20 November 2002, Headquarters, 90th Regional Support Command, published Orders 02-324-900 revoking Orders 02-074-012 that reassigned him to the USAR Control Group (Annual Training) as an unsatisfactory participant to show his reassignment was a voluntary request.

9.  He was promoted to sergeant/E-5 on 4 April 2003.  He was assigned to a TPU, the SROTC, 95th Division. 

10.  On 12 September 2003, Headquarters, 95th Division, published Orders       03-255-0006 releasing him from assignment and reassigning him to the USAR Control Group (Annual Training) by reason of having moved beyond reasonable commuting distance (change of residence), effective 12 September 2003. 

11.  On 21 September 2004, he was awarded primary MOS 31B (MP) after he had completed training for this MOS.  He was subsequently reassigned to a TPU, the 450th MP Company.  

12.  On 5 May 2005, he was reassigned to another TPU, the 320th MP Company, and on 26 July 2005, he was further reassigned to the 96th MP Battalion, San Diego, CA.  He was promoted to staff sergeant/E-6 on 1 October 2005.  However, he was reduced to E-5 on 28 October 2006. 

13.  On 23 April 2007, Headquarters, 81st Regional Readiness Command, published Order Number 07-113-00027, honorably discharged him from the USAR effective 16 April 2007 for immediate reenlistment on 17 April 2007 in the U.S. Army.

14.  An advisory opinion was obtained from Headquarters, USAR Command, Deputy G-1 (Support), on 26 February 2014, in the processing of this case.  The advisory official recommended approval of the applicant's request to retain his SLRP incentive.  He stated:

	a.  For each year of satisfactory participation, Army Regulation 135-7 (Army National Guard and USAR Incentive Programs), chapter 5.1, authorized the Army Reserve to repay 15 percent of the outstanding balance of all eligible student loans plus the interest, not to exceed $1,500 per year.  Termination of SLRP would occur if a Soldier separated from an SELRES unit and transfers to the USAR Control Group (Individual Ready Reserve (IRR)) or discharges from the USAR.  

	b.  The applicant's SLRP records indicate he enlisted in the USAR 17 April 1999 and was authorized to receive $10,000 toward the SLRP.  His SLRP anniversary date was 17 April 2000 and each year thereafter for as long as he remained in the SELRES.  To date, he has received payments totaling $5,421.50 for entitlement years 2000-2003.

   c.  The applicant's personnel records indicate that on 15 March 2002, Order Number 02-074-012 assigned him to the USAR Control Group (IRR) due to Unsatisfactory Participation.  In accordance with the Army regulation, this transfer should have terminated his SLRP incentive.  On 29 March 2002, he was released from the IRR on Order Number C-03-209005 and this order was revoked under Order Number C-03-209005R.  On 20 November 2002, Order Number 02-074-012 was amended by Order Number 02-324-9000 to change the reason for the applicant's IRR transfer to a Voluntary Request.

   d.  The applicant's pay records indicate that he was paid for drills during the time in which his records show he was in the IRR.  Therefore, Order Number 
02-074012 should have been revoked to reflect that he was never separated from a SELRES unit.
   
   
   e.  A correction of his records would allow him to retain the SLRP incentive and receive payments for entitlement years 2004-2007.  He was discharged from the USAR on 16 April 2007 which would have terminated his SLRP incentive and no further payments would have been due past that date.

15.  On 14 June 2013, the applicant was provided a copy of this advisory opinion; however, he did not respond. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted in the USAR on 17 April 1999 and was authorized a $10,000 SLRP incentive.  Records show he received payments for entitlement years 2000-2003.  

2.  Orders were issued on 15 March 2002 transferring him to the IRR for Unsatisfactory Participation.  It appears in accordance with Army regulations that transfer terminated his SLRP incentive.  On 20 November 2002, orders were issued amending the 15 March 2002 to change the reason for his transfer to the IRR to a Voluntary Request.  

3.  The USAR G-1 opined that pay records indicated the applicant was paid for drills during the time in which his records showed he was in the IRR.  Therefore, Order Number 02-074-012 should have been revoked to reflect that he was never separated from a SELRES unit.  This correction will allow him to retain the SLRP incentive and receive payments for entitlement years 2004-2007.  He was discharged from the USAR on 16 April 2007 and this would have terminated his SLRP inventive and no further payments would have been due past that date.

4.  In view of the foregoing, his records should be corrected by revoking Order Number 02-074-012, dated 20 November 2002, transferring him to IRR and paying him the SLRP incentive for entitlement years 2004-2007.

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 Department of the Army records of the individual concerned be corrected by:

* revoking Order Number 02-074-012, dated 20 November 2002, pertaining to the applicant's transfer to the IRR
* authorizing payments of the SLRP to him for entitlement years 2004-2007



      _______ _   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)                                         AR20130016707





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