IN THE CASE OF:	  

		BOARD DATE:	  11 June 2014

		DOCKET NUMBER:  AR20140003874 


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 her record to show she qualified and reenlisted for repayment of her student loans under the Student Loan Repayment Program (SLRP).

2.  The applicant states:

	a.  She believes an injustice has been caused because of the denial of repayment of her loans under the SLRP.

	b.  The SLRP form given to her in-country in Talil, Iraq, was the incentive that she was given for agreeing to a reenlistment.

	c.  She agreed to reenlist and the Army National Guard (ARNG) agreed to pay her student loans, which is now being denied.

	d.  On 30 March 2006, she signed a "reenlistment" along with an SLRP Addendum, Annex S to DD Form 4.  After signing, the form was sent back to Florida which cannot now be located by the education branch and is not loaded in the integrated Personnel Management System (iPERMS).

	e.  She deployed in December 2006 and she went directly to Officer Candidate School.  She got married and she returned from deployment in May 2007.

	f.  After receiving assistance from the education branch, the ball finally got rolling in September 2008 and she received her first SLRP payment in October 2008.

	g.  The following year she requested the next SLRP payment and she was told the rules had changed.  Between 2009 and 2012 she had made numerous attempts to get her student loans paid.

	h.  She finally received a telephone call from the education branch and she was told they were trying to help her get her students loans processed but they needed her Annex S To DD Form 4.  She told the education branch she did not have it.  A copy of Annex S to DD Form 4 was not in her file so she was told to send in a sworn statement.

	i.  She received an Exception to Policy Memorandum from the National Guard Bureau (NGB), dated 7 October 2013, stating that her addendum cannot be found and her bonus control number was requested 2 years after the date of her extension.

	j.  After months of digging in her garage, she found the Annex S to DD Form 4 that she originally signed.  She resubmitted the form along with two sworn statements.  She was told that the document she provided did not appear to be an official NGB document and would require consideration by the Army Board for Correction Military Records.

	k.  She has no other documents that she can submit as evidence.

3.  The applicant provides:

* Self-authored Memorandum for Record (MFR), dated 15 February 2014
* Timeline of Events
* NGB Memorandum, dated 7 October 2013
* DA Form 4836 (Oath of Extension of Enlistment or Reenlistment)
* Annex S To DD Form 4
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Orders 143-215, dated 8 August 2005
* Orders 319-0022, dated 15 November 2006
* DA Form 2823 (Sworn Statement), dated 21 October 2013 (self-authored)
* DA Form 2823, dated 6 November 2013
* Numerous email between her and Army officials with attachments


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 Florida Army National Guard (FLARNG) for 8 years on 20 September 1997.

3.  She was ordered to active duty in support of Operation Iraqi Freedom, effective 19 September 2005.  

4.  The applicant provides a DA Form 4836 which shows that on 30 March 2006 she extended her enlistment in the FLARNG for 6 years.  She also provides an Annex S to DD Form 4, dated 30 March 2006, which shows that she was immediately reenlisting/extending in a valid position vacancy and in the critical skill Military Occupational Specialty (MOS) 44C (Financial Management Technician) that Headquarters, Department of the Army had authorized for the SLRP.  The Annex S to DD Form 4 shows she has two existing loans in the (disbursed) amount of $9,000.00 and that the total amount of repayment for qualifying loan(s) will not exceed $18,000.00.

5.  On 11 December 2006, the applicant was released from active duty and was assigned to 2153rd Finance Detachment, St. Augustine, Florida.  She is currently a member of the Active Guard Reserve (AGR).

6.  The applicant provides:

	a.  DA Form 2823 from an AGR major who states that while serving as the 2153rd Finance Detachment Commander in Talil, Iraq in 2006, she signed off on the paperwork for the "reenlistment" of the applicant.  She states she recalls that when the applicant signed her "reenlistment," she also signed the addendum for the SLRP as part of the contract for agreeing to reenlist.

	b.  Notification from the NGB stating that her request for an exception to policy to retain the $20,000.00 SLRP was denied.  The NGB stated her SLRP addendum could not be found and her bonus control number was requested 2 years after the date of extension, which violates Selected Reserve Incentive Program (SRIP) Policy Number 06-06.

	c.  Self-authored MFR requesting a "Change in Disposition in SLRP" and explaining the events that have occurred since she signed her agreement on 30 March 2006.

	d.  Numerous emails between her and Army officials showing her attempts to get her loans paid under the SLRP.

7.  In an NGB Memorandum dated 7 October 2013, the FLARNG State Incentive Manager was notified that the applicant's request for exception to policy for SLRP was denied.  The memorandum states that the applicant's SLRP addendum cannot be found and her bonus control number was requested 2 years after the date of extension.  It states the State Incentive Manager "will terminate the incentive with relief of recoupment for the erroneous payment received in Fiscal Year 2008 and no further payment(s) authorized."  The memorandum states that based upon the SLRP addendum not being able to be located and its bonus control number being requested 2 years after the execution of the extension, it does not substantiate the SLRP being offered in connection with the incentive; therefore, the request is denied.

8.  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 $500.00 plus the accrued interest not paid by the Department of the Education, whichever is greater.  Payments will be made for each year of satisfactory service in the Selected Reserve.

9.  To be eligible for the SLRP incentive, a person must contractually obligate himself or herself to serve satisfactorily, must serve in a reserve unit for a full term of the contractual agreement and must further obligate himself or herself to continue to serve in the same component and the same MOS unless excused for the convenience of the Government.  Entitlement to the SLRP will stop if the Soldier is separated from the Selected Reserve.  Each complete satisfactory year of service performed under this SLRP agreement establishes an anniversary date.  Any qualifying loan which is at least a year old may then be paid in accordance with the terms of this educational enlistment incentive.

10.  The Government will not make any payments to the Soldier or reimburse a Soldier if he or she pays off a student loan.  The Government will only pay the lending institution.

DISCUSSION AND CONCLUSIONS:

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

2.  Although the SLRP addendum could not be found and her bonus control number was requested 2 years after the date of extension, she initially received a payment in October 2008.  It is reasonable to presume that there was proper documentation available at that time to disburse that payment.

3.  The available evidence shows she believed that her student loans would be paid under the SLRP and she has adhered to the terms of her contract with the Army with regard to service obligation.  It is unreasonable to now contend that she was erroneously paid and that no further payment(s) are authorized.

4.  In view of the foregoing, the applicant's records 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:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all State Army National Guard and Department of the Army records of the individual concerned be corrected by showing she and all appropriate officials properly completed a SLRP addendum and was given a bonus control number in a timely manner.

2.  The Defense Finance and Accounting Service (DFAS) shall remit payment to her lending institutions the appropriate amount, out of Army National Guard funds.



      _______ _   _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)                                         AR20140003874



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140003874



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1