BOARD DATE:	 23 April 2015

		DOCKET NUMBER:  AR20140013187


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, entitlement to loan repayment under the Student Loan Repayment Program (SLRP).

2.  The applicant states:

* she was given a $20,000.00 loan repayment bonus when she enlisted in the U.S. Army Reserve (USAR)
* when she enlisted at 17 years of age, she did not have any student loans as she had just graduated from high school
* she is unable to use this bonus since she had no college loans before joining
* she has tried to see if she could transfer the benefit to her spouse or use it for something else, to no avail
* she started working for the Department of Veterans Affairs (VA); her supervisor informed her about the Army Board for Correction of Military Records (ABCMR), so she would like to see if anything can be done about this wasted bonus

3.  The applicant provides a copy of her automated DA Form 5261-4 (SLRP Addendum), dated 9 April 2010.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the USAR on 9 April 2010.

2.  Her record contains an SLRP Addendum she signed in connection with her enlistment, which shows she contracted for loan repayment under the SLRP in the amount of $20,000.00.  Her signature on this form attests to her understanding of, and agreement with, the contractual terms of her SLRP agreement. 

	a.  Section V (Entitlement) of the SLRP Addendum contains her acknowledgement of her understanding, in part, that qualifying education loan(s) made by her while a member of the Selected Reserve during her contractual term of service would be paid under the terms of the SLRP incentive.

	b.  Section VII (Termination) of the SLRP Addendum contains her acknowledgement of her understanding, in part, that the terms of her SLRP agreement and her entitlement to loan repayment under the SLRP would be terminated should she become an unsatisfactory participant per Army Regulation 135-91 (Service Obligations, Methods of Fulfillment, Participation Requirements, and Enforcement Procedures).

3.  She entered active duty on 6 July 2010, for the purpose of completing her initial entry training.  She completed her initial entry training and on 4 February 2011, after she was awarded military occupational specialty 68W (Health Care Specialist), she was honorably released from active duty and returned to her USAR troop program unit (TPU).

4.  She was mobilized and ordered to active duty in support of Operation Enduring Freedom on 26 October 2012.  She was honorably released from active duty at the completion of her required period of active service and returned to her USAR TPU.

5.  She was promoted to the rank/grade of sergeant (SGT)/E-5 on 1 February 2014.

6.  Orders 14-035-00096, issued by Headquarters, 81st Regional Support Command on 4 February 2014, reassigned her from her TPU at Joint Base Lewis-McChord, Washington, to the 7223rd U.S. Army Medical Support Unit in Birmingham, Alabama, effective 1 March 2014.  This reassignment action was a consequence of her promotion to SGT.

7.  Her record is void of any documentation that shows her participation status following the issuance of the orders specified at paragraph 6 above.

8.  In the processing of this case, an advisory opinion was received on 11 March 2015 from the Chief, Manning Division, Headquarters, USAR Command (USARC), Fort Bragg, North Carolina.  In this advisory opinion, the USARC advisory official recommended disapproval of the applicant's request for entitlement to the SLRP, based on her status as an unsatisfactory participant.

* the applicant's contention that she had no education loans prior to contracting for the SLRP and thus was not eligible for participation in the program is incorrect
* the USAR allows payment of educational loans under the SLRP even if the loans were incurred after the contract was executed
* she became an unsatisfactory participant, which terminated her entitlement to loan repayment under the SLRP effective 7 June 2014

9.  The applicant was provided a copy of the advisory opinion on 11 March 2015, for information and to allow her the opportunity to submit comments or a rebuttal; however, she did not respond.

10.  Army Regulation 135-7 (Incentive Programs) prescribes policies and procedures for the administration of Army National Guard and USAR incentive programs. These programs include the Selected Reserve Incentive Program (SRIP), which offers bonuses, educational assistance, and repayment of student loans.  Chapter 5.1 contains guidance relative to the SLRP.

	a.  The SLRP incentive provides for the repayment by the Government of a designated portion of any outstanding loan(s) secured after 1 October 1975.  

	b.  To be eligible for the SLRP incentive, a person must contractually obligate himself or herself to serve satisfactorily.  A person must serve in the Selected Reserve for the full term of the contractual agreement.  He or she 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.

	c.  Entitlement to the SLRP will stop if the Soldier becomes an unsatisfactory participant per Army Regulation 135-91.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for entitlement to loan repayment under the SLRP was carefully considered.

2.  The evidence of record confirms she enlisted in the USAR on 9 April 2010, and at the time of her enlistment, she contracted for loan repayment under the SLRP.

3.  She served satisfactorily for a period of time, including a period of mobilization in support of Operation Enduring Freedom, and she was promoted to the rank/grade of SGT/E-5 on 1 February 2014.  As a consequence of her promotion, she was reassigned within the USAR effective 1 March 2014.

4.  Her record is void of any documentation that shows her participation status following her 1 March 2014 report date to her new unit.

5.  According to Headquarters, USARC, she was separated from the USAR as an unsatisfactory participant.  Her record is void of documentation that is contrary to the USARC's statement on her whereabouts.  Therefore, there is no evidence that shows she is satisfactorily serving at this time.

6.  As an unsatisfactory participant, her entitlement to any SRIP incentives was terminated.  Accordingly, absent evidence that contradicts the USARC advisory opinion, there is an insufficient basis for granting the requested relief. 

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)                                         AR20130005249



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ABCMR Record of Proceedings (cont)                                         AR20140013187



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