IN THE CASE OF:
BOARD DATE: 8 May 2014
DOCKET NUMBER: AR20140002869
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 relief from 1 year of active duty service obligation (ADSO) that she incurred as a result of acceptance of a Student Loan Repayment Program (SLRP). She also requests enrollment in the Montgomery GI Bill (MGIB) Program.
2. The applicant states incorrect paperwork was required by the Reserve Officers Training Corps (ROTC) Program prior to commissioning, thus incorrect paperwork was filed with the U.S. Army Human Resources Command (HRC). She made payments on loans as orders stated the Army would begin payments in July 2013. When she checked on the status of repayment in May 2013 with HRC the paperwork was confirmed as incorrect. She decided to personally pay her loans and reduce her commitment to 4 years.
3. The applicant provides:
* her orders to active duty, dated 21 May 2012
* email, dated 20 December 2013, from HRC
CONSIDERATION OF EVIDENCE:
1. On 5 July 2012, she was commissioned a second lieutenant in the Regular Army, Medical Service Corps.
2. Headquarters, United States Army Cadet Command, Fort Knox, KY, Orders 142-013-A-9814, dated 21 May 2012, ordered her to active duty to report 5 July 2012. Her total active duty commitment is shown as 5 years. Paragraph (e) of Additional Instructions states "Additional active duty service obligation of
1 year(s) is incurred under provisions of DAPA-MPO-AP Student Loan Repayment Program Implementation Guidance Memorandum, dtd 20 Feb 2008."
3. The email, dated 20 December 2013, from HRC confirms that HRC never received the proper paperwork to institute the SLRP on her behalf.
4. In the processing of this case an advisory opinion, dated 14 March 2014, was provided by the Incentives and Budget Branch, Office of the Deputy Chief of Staff, G-1. G-1 recommended relief from the 1-year ADSO associated with the SLRP.
a. The applicant accepted an ROTC scholarship, which carried a 4-year ADSO. One additional year was added to her ADSO when she also accepted the SLRP.
b. The SLRP paperwork was never properly forwarded and was never instituted. In the meantime, the applicant decided to pay her student loans off without the help of the SLRP.
c. Her acceptance of an ROTC scholarship prohibits her from enrolling in the GI Bill program until her ADSO is complete. Her initial 5-year ADSO prohibited her from enrolling in the GI Bill program until July 2017. Since she is not going to take advantage of the SLRP, her ADSO should now be 4 years. She would be eligible to enroll in the GI Bill program in July 2016.
5. The applicant was provided a copy of the above advisory opinion. She concurred with the opinion and had no further comments to make.
6. A memorandum, dated 10 July 2009, from the Office of the Assistant Secretary of the Army, Manpower and Reserve Affairs, subject: Post 9/11 GI Bill Policy Memorandum lists periods of active duty that are not qualifying active duty service for purposes of establishing eligibility for the Post 9/11 GI Bill. These periods include the:
* 4-year ADSO for an ROTC Scholarship
* ADSO associated with acceptance of the SLRP incentive
DISCUSSION AND CONCLUSIONS:
1. She initially accepted the SLRP and incurred a 1-year ADSO in addition to the 4-year ADSO she incurred for her ROTC scholarship. Due to errors in her SLRP paperwork, payments on her loans were never instituted. She has now decided to pay the loans herself without the SLRP. Therefore, it would be equitable to remove the 1-year additional ADSO incurred for the SLRP.
2. Based on the above correction, her new ADSO would be 4 years. Therefore, she will be eligible to enroll in the Post 9/11 GI Bill in July 2016.
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:
a. Showing she did not accept the SLRP and thus did not incur an additional 1-year ADSO for the SLRP.
b. Amending Headquarters, United States Army Cadet Command, Fort Knox, KY, Orders 142-013-A-9814, dated 21 May 2012, as follows:
* change Total Active Duty Commitment to 4 years
* under Additional Instructions - delete paragraph (e)
____________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) AR20140002869
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ABCMR Record of Proceedings (cont) AR20140002869
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