BOARD DATE: 7 October 2014
DOCKET NUMBER: AR20140011714
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 correction of her military records to show her Student Loan Repayment Program (SLRP) was paid in full. She further requests reimbursement for that portion she had to pay because the SLRP failed to do so.
2. The applicant states her enlistment contract included the SLRP option. She contracted for $20,000 but only received $18,399.30. She recently returned to the U.S. Army Reserve (USAR) and upon reviewing the amount, she learned that she was never paid in full. The SLRP will not pay her the remaining balance. They will only pay the lender, but because she paid off the loan several years ago there is nothing to pay the lender. She argues that her SLRP should have been paid in full upon her last submission of paperwork in 2004.
3. The applicant provides copies of:
* A DA Form 5261 (SLRP Addendum) dated 28 May 1999
* Defense Finance and Accounting Service (DFAS) and Fort McCoy, WI SLRP payment statements dated between 28 July 2000 and 15 April 2005
* Webpage dialog between the applicant and representative at the Web-Enabled Education Benefit System, dated from 29 May to 4 June 2014
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. In processing this case, an advisory opinion was obtained from the Reserve Incentives Program Manager, Office of the Deputy Chief of Staff, G-1, Department of the Army, Washington DC. It stated that the applicant was requesting to receive $1,701.70, which is the difference between what the SLRP has paid and the $20,000 that was authorized in her SLRP addendum.
a. The applicant enlisted in the USAR on 28 May 1999 for 6 years. She has a $20,000.00 SLRP contract addendum.
b. The SLRP is restricted to paying 15 percent of the loan or $500.00, whichever is greater, plus interest per year. The yearly maximum is $3,000.00. A 6-year enlistment allows for payment of $18,000.00 plus an additional $2,000.00 toward interests. This totals $20,000.00. In this case, the USAR paid $18,000.00 toward the principal of the loan and $399.30 toward the interest.
c. SLRP payments are only authorized to the lender. The Soldier is not authorized to receive any money directly. Because the applicant had paid off the loan in total, there was no longer a balance due to the lender. As a result, the USAR could not make any further payments towards the loan.
d. The advisory opinion recommended denial of the Soldier's request.
3. On 28 August 2014, a copy of the advisory opinion was sent to the applicant for her information and opportunity to respond. No response was received.
4. In May and June 2014, the applicant contacted an SLRP representative to inquire about reimbursement for $1,701.70 that she had to pay because SLRP had not done so. She was informed that if she had no balance due on the loan, then SLRP could not make any payments. She argued that she had completed her SLRP contract and submitted her paperwork for the final payment. However,
the SLRP erred by not making the payment. The SLRP representative did not dispute the applicant's contention and suggested that she contact this Board for any reimbursements.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that her military records should be corrected to show her SLRP was paid in full. She further requests reimbursement for that portion she had to pay because the SLRP failed to do so.
2. Evidence shows that the applicant had completed an SLRP addendum and that SLRP payments had been made. The SLRP made all authorized payments toward the principle totaling $18,000.00; and another $399.30 toward the $2000.00 maximum for interest. This left a balance of $1600.70 available for payment towards the interest. Because the SLRP did not make the final payment, the applicant had to do so. There is no reason given for this error by the SLRP.
3. The SLRP addendum, as written, does not authorize payments to be made directly to the applicant. As a matter of equity, it would be appropriate in this case to amend her SLRP addendum to show she is permitted to receive the final SLRP payment.
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. amending the SLRP addendum to show that the final payment of $1,600.70 may be made payable directly to the applicant; and
b. paying the applicant the final payment.
_______ _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) AR20140011714
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ABCMR Record of Proceedings (cont) AR20140011714
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