DOCKET NUMBER:  AR20140000189 


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 termination of the recoupment of funds under the Student Loan Repayment Program (SLRP).

2.  The applicant states:

   a.  he relied on subject matter expertise from his recruiter, readiness noncommissioned officer (NCO), and California Army National Guard (CAARNG) Incentive Task Force and that these individuals would pay the appropriate amount of money to his lender; and
   
   b.  the lender refunded $3,218.57 to the Defense Finance and Accounting Service (DFAS).

3.  The applicant provides the evidentiary documents listed on his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the CAARNG on 28 April 2006 for a period of
8 years.  His DD Form 1966/3 (Record of Military Processing) shows in item 32 (Specific Option/Program Enlisted For) the entry:

* Assignment to Company A, 340th Forward Support Battalion
* Enlistment bonus and MGIB Kicker
* SLRP
* Standard Training Program
2.  In connection with this enlistment, he completed Annex S to DD Form 4 on 28 April 2006.  He indicated he understood:

* Upon his enlistment in the ARNG, he would be eligible for the SLRP under the Selected Reserve Incentive Program (SRIP)
* He was enlisting in the critical military occupational specialty (MOS) 63B (Wheeled Vehicle Mechanic)
* He must remain in the contracted MOS for the first 3 years
* He had existing loans in the amount of $22,850.00

3.  He entered active duty for training (ADT) on 30 October 2006 and he completed the required training for MOS 63B.  He was honorably released from ADT on 30 March 2007.

4.  On 8 April 2008, DFAS initiated three SLRP payments in the amount of $3000.00 each, totaling $9,000.00, in the applicant's name to Sallie Mae.

5.  Joint Force Headquarters, CAARNG, Orders Number 243-1025 dated 31 August 2010, released the applicant from his current assignment and position and reassigned him to a different CAARNG unit and position.

6.  On 13 November 2012, a Sallie Mae customer service representative notified the applicant payment in the amount of $9,000.00 was received from DFAS on 14 April 2008.  The representative also stated an overpayment in the amount of $3,218.57 was refunded to DFAS on 12 June 2008.

7.  The applicant's DFAS Form 702 (DFAS Leave and Earnings Statement) issued on 13 December 2013 lists an education benefits debt balance in the amount of $6,013.36.

8.  During the processing of this case, on 18 February 2014, an advisory opinion was obtained from the Office of the Deputy Chief of Staff, G-1.  The advisory official recommended approval of the applicant's request.

   a.  The CAARNG processed three separate SLRP payments of $3,000.00 each to Sallie Mae on behalf of the applicant totaling $9,000.00.  Sallie Mae subsequently refunded $3,218.57 to DFAS as an overpayment of the applicant's account.  According to the applicant's leave and earnings statement he has an outstanding balance of $6,013.36.
   
   b.  The applicant also took a military technician position in 2011, which are grounds for SLRP termination (without recoupment); however, he took the position after the payments had been made.
   c.  None of the aforementioned violations of regulations were the fault of the Soldier.  The CAARNG personnel who processed the SLRP and incentives made administrative errors that are having a negative impact on the applicant.  There were no violations of existing laws in this case.
   
   d.  Recommend the applicant be granted full administrative relief from the SLRP recoupment.
   
9.  On 19 February 2014, a copy of the advisory opinion was provided to the applicant for information and to allow him the opportunity to submit comments or a rebuttal. He did not respond.

10.  DODI 1205.21 prescribes policy, assigns responsibilities, and prescribes procedures for management of the Reserve Component incentive programs.  It states in Section 6.2 (Written Agreements), as a condition of the receipt of an incentive covered by this Instruction, each recipient shall be required to sign a written agreement stating that the member has been advised of and understands the conditions under which continued entitlement to unpaid incentive amounts shall be terminated and which advance payments may be recouped.  That agreement shall clearly specify the terms of the Reserve service commitment that authorizes the payment of the incentive to the member.

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted in the CAARNG on 28 April 2006.  He and his recruiter signed an addendum authorizing him the SLRP incentive not to exceed $20,000.00.  In April 2008, the DFAS initiated a $9,000.00 SLRP payment, of which, his lender, Sallie Mae, refunded $3,218.57 in June 2008.

2.  Nearly 5 years later, the applicant's 18 December 2013 LES listed an unpaid education debt in the amount of $6,013.36.  While the applicant's record fails to identify the specific reason why this debt was incurred, information gleaned from the advisory opinion reveals the applicant took a military technician position in 2011, which was grounds for SLRP termination, but without recoupment.  In addition, prior to accepting the military technician position in 2011, the applicant remained in his contracted MOS for 3 years (from March 2007 – 2011), as stipulated in his SLRP addendum.

3.  The applicant enlisted in good faith.  He continues to serve and/or fulfill the requirements of his contractual obligation.  He was made a written promise by his recruiter.  He should not be penalized for errors committed by State officials.  Therefore, his record should be corrected to cancel or terminate the SLRP recoupment action against the applicant.
4.  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:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that the state Army National Guard records and the Department of the Army records of the individual concerned be corrected by showing the Army National Guard did not initiate any recoupment action taken against him for the payments he was granted under the Student Loan Payment Program, thus allowing him to retain/be reimbursed any payments already made 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)                                         AR20140000189





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ABCMR Record of Proceedings (cont)                                         AR20140000189



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