IN THE CASE OF:	  

		BOARD DATE:	  11 December 2014

		DOCKET NUMBER:  AR20140003714 


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, correction of his record to show he reenlisted for and is qualified to receive repayment of his student loans under the Student Loan Repayment Program (SLRP).

2.  The applicant states:

* when he enlisted he was given a verbal agreement to pay $13,313.00 worth of student loans in full
* the necessary documents were provided and the amount of $13,313.00 was written in and agreed upon in the contract at the time of enlistment
* his contract clearly states the amount agreed upon of $13,313.00 would be paid
* he has been submitting the necessary paperwork for 5 years with no response until last December

3.  The applicant provides:

* an email message dated 23 December 2013 that notified him that one of his SLRP payments had been processed and that his private loan was not authorized payment
* National Guard Bureau (NGB) Form 600-7-5-R-E (Annex L to DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) – SLRP Addendum – Army National Guard of the United States) dated 19 December 2007
* Notification of Payment Schedule and Disclosure Form for repayment terms for his student loans dated 31 May 2010
* Great Lakes Payment Schedule and Disclosures for Stafford Loans, dated 31 May 2010
* Federal Stafford Loan Master Promissory Note Instructions and Notices
* Borrower's Rights and Responsibilities Statement
* Federal Stafford Loan Master Promissory Note, dated 1 June 2006
* Combined Private Education Loan Application and Promissory Note

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 enlisted in the Texas Army National Guard (TXARNG) for 6 years on 19 December 2007.  

3.  Annex L of his DD Form 4 shows:

	a.  Section II (Eligibility) states that upon his enlistment in the ARNG, he was eligible for repayment of his student loans under the SLRP, as indicated under the Selected Reserve Incentive Program (SRIP).  He acknowledged he was a non-prior service applicant enlisting for a term of service of at least 6 years in the ARNG, with a concurrent statutory military service obligation of 8 years.  He further acknowledged he met the following requirements:

* he had an Armed Forces Qualification Test score of 50 or above
* he was not enlisting in the Active Guard Reserve Title 10 or Title 32 tour nor was he enlisting for a technician position
* he was enlisting in 840th Eng Mac, UIC:  WX3SAA, which was authorized for SLRP
* he had 2 loans existing in the amount of $13,313.00; the total amount of repayment of qualifying loan(s) would not exceed $20,000.00
* he may acquire new loans during the contracted period
	b.  Section III (Entitlement & Payments) states that the Government will repay a designated portion of any outstanding loan(s) that he had secured since           1 October 1975.  The 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).  Loans eligible for SLRP are listed in Section III of his DD Form 4.  It states that State Student Loans and Plus Loans are not authorized for payment under the SLRP.

	c.  Section V (Termination Without Recoupment) states he understood his SLRP eligibility would be terminated if he separated from the ARNG for any reason.  

	d.  He signed Annex L to his DD Form 4 on 19 December 2007.

4.  Item 32.a (Specific Option/Program Enlisted For, Military Skill, or Assignment to a Geographical Area Guarantees) of his DD Form 1966 (Record of Military Processing – Armed Forces of the United States), which is completed by the Military Entrance Processing Station (MEPS) Guidance Counselor, a MEPS Liaison Noncommissioned Officer, or other designated recruiting official, etc., as specified by the sponsoring service, contains the entry "Unit NPS Student Loan Repayment 20K."

5.  On 6 April 2013, he submitted a request to be transferred to the Individual Ready Reserve (IRR) as soon as possible.  He stated:

* he had recently graduated from Angelo State and had just started a great career in project management
* he wanted to focus his energy on succeeding and moving forward with his career
* he had his first child coming in June which was the main reason he wanted to be placed in the IRR early
* he was set to reach the expiration of his term of service in December 2013 and he had no intentions of reenlisting
* he fully understood IRR status and that the chance of deployment was possible

6.  On 14 May 2013, he was discharged from the TXARNG and he was transferred to the U.S. Army Reserve Control Group (Reinforcement).  Discharge Orders 135-025 show he was "Enlisted Personnel with Unfulfilled Reserve Obligation."

7.  On 23 December 2013, he was notified by the TXARNG Incentive Office that the SLRP payment that was due was processed; however, a private loan that was not authorized payment was identified.  He was told that the only loans that would qualify for repayment are listed on the "NSLDS."  He was told that one loan listed for payment with a balance of $92.88 was processed based on the   DD Form 2475 submitted from the lender.  He was also told that he may file an appeal with the ABCMR if he believed that his private loan should be paid.

8.  During the processing of this case, an advisory opinion was obtained from the Chief, Personnel Policy Division, NGB, who recommended disapproval of the applicant's request, stating:

* his contract indicates repayment of $13,313.00 of student loans
* his student loan, although included in his contract, is ineligible for repayment because it is a private loan
* his promissory note indicates his loan is a Combined Private Education Loan
* Section III – Entitlements and Payments of the Soldier's contract lists eligible loans
* the list of eligible loans is also found in Army Regulation 136-7 (Army National Guard and Army Reserve Incentive Programs – 15 April 1966), paragraph 5-1.2
* although recruiting officials made an error listing the loan amount on the contract addendum, the fact remains that this loan is ineligible for repayment
* the TXARNG concurs with this recommendation

9.  The applicant was furnished a copy of the advisory opinion on 8 May 2014; however, no further comment was received.  

10.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program), chapter 6 provides policy and guidance for those functions that are administered at MEPS by Military Entrance Processing Command personnel and guidance counselors to confirm that they accomplished all procedures in the enlistment process by making the appropriate entries in the DD Form 1966 series and DA Form 3286-66 (Statement of Understanding).

	a.  Paragraph 6-5.g. states that the guidance counselor "counsels applicants who failed to meet specific qualifications for options for which they applied; advises them of other available options."  This includes a statement regarding the applicant’s eligibility for the SLRP, which is to include any factors that may disqualify him from receiving the SLRP benefit, and ensuring that the applicant’s acknowledgement of this fact is also recorded in the remarks section of the appropriate form of the DD Form 1966 series.

	b.  Paragraph 6-5.v. states the Guidance Counselor will ensure the applicant's higher educational loan(s) qualify for loan repayment if selecting the SLRP option.

11.  The Loan Repayment Program is a Department of the Army enlistment option authorized by Public Law 99-145.  This option is designed to increase Test Score Category I-IIIA accessions.  Loans that qualify for repayment are Guaranteed Student Loan/Stafford Loans, National Direct Student Loan/Perkins Loans, William D. Ford Loans, Supplemental Loans for Students, Federally Insured Student Loans (FISL), Parent Loan for Undergraduate Students (PLUS), Auxiliary Loan Assistance for Students (ALAS), and consolidated loans which fall under Title IV, Part B or E of the Higher Education Act of 1965.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted and his supporting evidence has been considered.

2.  Although the loan in question is shown on Annex L of his DD Form 4, it does not qualify for payment under the SLRP because it is a private loan.

3.  Additionally, he contracted for a 6-year ARNG obligation.  He enlisted in the TXARNG on 19 December 2007 and he was discharged from the TXARNG on 14 May 2013.  The orders discharging him from the ARNG states that he was "Enlisted Personnel with Unfulfilled Reserve Obligation."  Therefore, he failed to honor the contracted agreement.

4.  He voluntarily requested to be discharged from the TXARNG and to be transferred to the IRR and his request was approved.

5.  In view of the above, his request for repayment of his private loan under the SLRP should be denied.








BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ___X_____  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _____________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)                                         AR20140003714





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140003714



6


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1