BOARD DATE: 26 March 2015
DOCKET NUMBER: AR20140011114
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 payment of $1,035.00 for unpaid portions of the Student Loan Repayment Program (SLRP).
2. The applicant states:
a. Upon applying for final payment on student loans, his chain of command discovered the Ohio Army National Guard (OHARNG) underpaid him in previous payments.
b. Due to the current National Guard Bureau (NGB) policy, he is not eligible to recoup payments for transactions prior to 2009.
c. He met all the requirements to be paid this incentive.
d. The ARNG admitted the error was on their behalf and they would have made the corrected payments if it were not outside of their authorized payment window.
e. He requests payment in the amount of $1,035.00. Per the NGB Incentives Office, he was underpaid $435.00 in Fiscal Year (FY) 2006, $300.00 in FY07, and $300.00 in FY08, for a total of $1,035.00.
3. The applicant provides:
* email correspondence
* student Loan data sheet
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the ARNG on 28 January 2005 for the SLRP. He was discharged from the ARNG on 23 August 2008 to accept a commission. He was appointed as a second lieutenant in the ARNG on 24 August 2008. He was promoted to captain on 17 July 2012.
2. He provided documentation from the OHARNG, dated 13 May 2014, which states he was underpaid the following amounts for the SLRP:
* $435.00 in FY06
* $300.00 in FY07
* $300.00 in FY08
3. The OHARNG documentation also states:
a. The unpaid years are outside the purview of the exception to policy process to rectify.
b. It is a Defense Finance and Accounting Service issue based on Federal law and the Department of Defense Financial Management Regulation.
c. It is due to the closing of the appropriation for the year and not because insufficient funds for those years are not available for payment.
d. The most expeditious method of getting the unpaid portions of the SLRP would be for the applicant to apply to the Army Board for Correction of Military Records.
e. If the applicant's request/claim is approved, the case would be submitted to the ARNG G-8 for settlement since the funds for payment would have to come from the current year's appropriation.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to be paid $1,035.00 for unpaid portions of the SLRP was carefully considered and was found to have merit.
2. The evidence of record shows he enlisted in the ARNG for the SLRP in 2005.
3. The NGB Incentives Office points out the applicant was underpaid the following amounts for SLRP:
* $435.00 in FY06
* $300.00 in FY07
* $300.00 in FY08
4. In view of the facts and based on the recommendation of the NGB Incentives Office, it would be appropriate and serve the interest of justice and equity to correct his records by showing he applied for the unpaid portions of the SLRP for which he was eligible in a timely manner.
BOARD VOTE:
____X____ ___X_____ ___X__ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 he was paid the appropriate SLRP payments for FY06, FY07, and FY08 for which he was eligible in a timely manner and
b. having DFAS remit payment to the individual in the amount of $1,035.00, the unpaid portions of his SLRP, as a result of this correction.
___________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) AR20140011114
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ABCMR Record of Proceedings (cont) AR20140011114
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