BOARD DATE: 17 March 2015
DOCKET NUMBER: AR20150001634
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 his military records to show he remains entitled to payment of his student loans under the Student Loan Repayment Plan (SLRP).
2. The applicant states that when he reenlisted on 26 January 2010 he signed a contract to receive student loan repayments under the SLRP for up to $10,000.
a. Sergeant First Class (SFC) M____, acting as an executive agent for the U.S. Army, signed the SLRP Addendum, stating in part, "I have verified the Soldier meets the eligibility requirements of AR 135-7, and the applicant's MOS is currently eligible for the designated portion authorized for loan repayment shown in section II, above
"
b. Due to the recruiter's error, the Army is currently in a breach of contract. The applicant was not aware that his military occupational specialty (MOS) was not qualified at the time he signed for the entitlement. He should be granted an exception to policy (ETP) and be provided the SLRP as he has fulfilled all obligations on his part.
c. He has served exemplarily during this contract period. He has deployed twice and has been promoted from corporal to staff sergeant and has not had any adverse actions or been flagged during his military career.
d. He was not able to apply for the repayments until recently due to the restrictions stating the loans must be 1 year old. When he returned to school in 2012, after his third deployment to Iraq, he used student loans with the understanding that $10,000 of the loans would be repaid. When the loans became 1 year old he submitted the paperwork for repayment and was then informed that his MOS was not eligible for the SLRP at the time of his enlistment.
3. The applicant provides copies of:
* DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 26 January 2010
* DA Form 3540 (Certificate and Acknowledgment of U.S. Army Reserve Service Requirements and Methods of Fulfillment), dated 26 January 2010
* DA Form 5261-4-R (Student Loan Repayment Program Addendum), dated 26 January 2010
* DA Form 2166-8 (NCO Evaluation Report) for 1 December 2011 through 14 July 2012
* DA Form 2166-8 for 15 July 2012 through 30 November 2013
* DA Form 2166-8 for 1 December 2013 through 30 June 2014
* DD Form 214 (Certificate of Release or Discharge from Active Duty) ending 16 May 2006
* DD Form 214 ending 16 February 2012
* U.S. Army Reserve (USAR) Command, memorandum, Subject: ETP, dated 15 October 2014
CONSIDERATION OF EVIDENCE:
1. Following prior service in the Regular Army the applicant enlisted in the USAR on 26 January 2010.
2. A DA Form 5261-4-R, completed in conjunction with his enlistment in the USAR, is filed in his Official Military Personnel File (OMPF) and shows in:
a. Section III (Acknowledgment), he indicated he was contracting to serve in MOS 31B (in which he was qualified) and that Headquarters, Department of the Army had approved for a maximum of $10,000 in repayments.
b. Section VIII (Statement of Understanding), the applicant signed in this section.
c. Section IX (Certification by Service Representative), SFC L____ P. M____ signed in this section as the Army Reserve Career Counselor.
3. On 16 October 2014, the USAR Command denied the request for an ETP to allow the applicant to retain the SLRP entitlement. The denying official stated the SLRP is not authorized for the applicant because the FY10 Selective Reserve Incentive Program list did not authorize MOS 31B to receive SLRP incentives. The applicant was advised he could elect to apply to this Board to pursue any perceived injustice.
4. He provides DA Forms 2166-8 showing he served in his MOS through
30 June 2014 and a DD Form 214 showing he last left active duty 16 February 2012 when he was honorably released from active duty due to completion of required active service.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record clearly shows the applicant entered into a contract with the understanding he was entitled to and would receive the SLRP.
2. The Addendum was signed by the appropriate official and is filed in his OMPF. There is more than sufficient evidence available to show the applicant believed he would receive the SLRP that he was promised. He has served his obligation honorably.
3. It would be appropriate to correct the applicant's military records to show he remains entitled to the SLRP.
4. In view of the above, the applicant's request should be granted.
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
showing the appropriate authority approved an ETP allowing the applicant to remain entitled to payment of his student loans under the SLRP.
__________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) AR20110020775
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ABCMR Record of Proceedings (cont) AR20150001634
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