BOARD DATE:	  5 May 2015

		DOCKET NUMBER:  AR20150000515 


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 remove, cancel, or void the U.S. Army Cadet Command (USACC) Form 597-6 (Student Loan Repayment Program (SLRP) Addendum to Army Senior Reserve Officers' Training Corps (SROTC) Cadet Contract), and cancellation of the additional  active duty service obligation (ADSO) she incurred as a result of this Addendum.  
2.  The applicant stated she incurred an additional year of ADSO due to her ROTC detachment filing an SLRP form on her behalf.  However, she never completed the paperwork and declined to enroll in the program.  Her ROTC detachment failed to remove the enrollment application from the system after informing her it had been removed.  The detachment's failure to remove the SLRP enrollment application led to her being obligated for an additional year without receiving any funds from the SLRP.  She has been trying to correct her record so she can leave the Army due to extenuating circumstances in her personal life.  The additional ADSO is unwarranted and she has been trying to correct this error through administrative means for 4 years.  She was told by her unit Adjutant that this is her only (and last) means of fixing this problem.

3.  The applicant provides:

* 7 National Student Loan Data Systems (NSLDS) loan detail sheets
* 53 Joint Uniform Military Pay System (JUMPS) Leave and Earning Statement (LES) Online Inquiry System LES-Archive Local print-outs covering the period of 1 July 2009 through 31 October 2012 
* 12 LESs covering the period 1 January 2014 through 31 December 2014
CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted as a cadet in the U.S. Army Reserve (USAR) on 
23 October 2007.  Her contract contains a DA Form 597-3 (Army SROTC Scholarship Cadet Contract), dated 23 October 2007, which shows she contracted for a 2-year scholarship and agreed to a 4-year ADSO beginning on the date she entered active duty.  She affixed her signature to this form, indicating acknowledgement and concurrence with the contractual obligations specified therein.  

2.  Her record contains an ROTC Branch for Service Contract, dated 25 March 2008, which shows she agreed to an additional 3-year ADSO in exchange for receiving the Branch assignment of her choice (Military Police (MP)).  This contract shows she acknowledged she understood that the ADSO she incurred, pursuant to the Army Branch for Service Program, would be served consecutively and not concurrently with her initial 4-year ADSO, and that this ADSO would begin the day after she completed her initial 4-year ADSO.  She affixed her signature to this form indicating acknowledgement and concurrence with the contractual obligations specified therein.

3.  Her record contains a USACC Form 597-6, dated 6 May 2009, which shows she agreed to serve an additional 1-year ADSO (concurrent) in exchange for SLRP and acknowledged that she understood that she would incur this additional ADSO upon repayment of any of her qualifying loans and that payments would be made after each completed year of active duty service for a period of 3 years (or 3 payments).  She affixed her signature to this form indicating acknowledgement and concurrence with the contractual obligations specified therein.

4.  She was appointed as a Reserve Commissioned Officer on 15 May 2009 and entered active duty on 4 June 2009.

5.  Her record contains 2 DA Forms 1059 (Service School Academic Report), dated 8 December 2009 and 7 December 2012, which shows she completed the MP Basic Officer Course and the MP Captain's Career Course.

6.  The applicant, who is still serving on active duty, provided 7 NSLDS loan detail sheets, 53 Leave and Earnings Statements (LES) covering the period        1 July 2009 through 31 October 2012, and 12 LESs covering the period              1 January 2014 through 31 December 2014.  These documents show that she has been paying her student loans as required but has not received or had any SLRP payments applied to the balance of her student loans.

7.  During the processing of this case an advisory opinion was received from the Finance and Incentives Branch of the U.S. Army Human Resources Command (HRC) on 5 February 2015.  The advisory official recommended approval of the applicant's request to remove the ADSO she incurred as a result of the SLRP incentive.  The advisory official further stated the applicant entered active duty on 4 June 2009.  HRC records indicate she contracted for the SLRP and incurred a 1-year ADSO.  Under ideal circumstances, the U.S. Army will repay up to one third of the total remaining original unpaid principal on all qualifying loans after a Soldier completes each year of active duty.  The applicant has not received any payments under the SLRP.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant contracted for the SLRP and incurred a 1-year ADSO on 6 May 2009.  She was supposed to receive SLRP payments after each year of active duty service for a period of three years, meaning she should have received SLRP payments in June 2010, June 2011, and June 2012.  However, she did not receive SLRP on the dates indicated above, or on any subsequent dates.

2.  Based on the evidence of record and the recommendation in the advisory opinion from HRC, the applicant’s SLRP contract should be removed/deleted from her record and her ADSO should be adjusted to remove the additional       1-year ADSO she incurred as a result of this contract. 

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 


deleting the SLRP contract from her record and adjusting her ADSO to remove the additional 1 year ADSO she incurred as a result of this contract.




      _________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)                                         AR20150000515





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ABCMR Record of Proceedings (cont)                                         AR20150000515



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