IN THE CASE OF:
BOARD DATE: 17 September 2015
DOCKET NUMBER: AR20150001681
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 a $20,000 Student Loan Repayment Plan (SLRP)) incentive.
2. The applicant states that he reenlisted in the U.S. Army Reserve (USAR) in military occupational specialty (MOS) 42F (Human Resource Information System Management Specialist) and signed a contract specifically stating that he would receive a $20,000 SLRP incentive; however, he only received $10,000 because his MOS did not qualify for the $20,000 incentive.
3. The applicant provides copies of his enlistment contract and his USAR Commands denial of his request for an exception to policy (ETP) to retain the $20,000 incentive.
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. Having prior enlisted service in the Regular Army, the applicant enlisted in the USAR on 20 February 2008 for a period of 6 years. His record is void of an SLRP Addendum.
3. On 21 December 2013, an official from the Army Reserve G-1 office notified the applicant by email that his SLRP account was activated in the amount of $10,000 and according to the Selective Reserve Incentive Program (SRIP) list at the time of his reenlistment, his MOS (42F) only qualified for that amount. In order to be authorized the incentive in the amount of $20,000 he must submit a request for an ETP.
4. On 23 January 2014, he submitted a request for an ETP to retain his SLRP incenive in the amount of $20,000. His chain of command, including two general officers, recommended that the applicants request be approved.
5. He was honorably discharged from the USAR on 20 March 2014.
6. On 9 July 2014, the Chief, Manning Division, Headquarters, USAR Command, denied the applicants request for payment as an ETP, stating the Fiscal Year 2008 (FY08) SRIP list only authorized a $10,000 SLRP incentive for MOS 42F; therefore, the SLRP incentive in the amount of $20,000 was made in error and not authorized.
7. Army Regulation 135-7 (Incentive Programs) restricts the SLRP to those Reserve Soldiers who either enlist/reenlist or extend for a skill or unit approved by the Department of the Army and disseminated to the field by a list of MOS's and units which is updated on a periodic basis. This educational incentive may only be elected at the time of enlistment/reenlistment/extension.
8. The SLRP provides for the repayment by the Government of a designated portion of any outstanding student loan(s) secured after 1 October 1975.
9. To be eligible for the SLRP incentive, a person must contractually obligate himself/herself to serve satisfactorily, must serve in a Reserve unit for a full term of the contractual agreement, and 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. Each completed satisfactory year of service performed under this SLRP agreement establishes an anniversary date. Any qualifying loan that is at least 1 year old may then be paid in accordance with the terms of this educational enlistment incentive.
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 an SLRP incentive in the amount of $20,000. There is more than sufficient evidence available to show the applicant believed he would receive the SLRP that he was promised and he completed the full term of his service obligation honorably.
2. Although 42F is not listed on the FY08 SRIP as a qualifying MOS for a $20,000 SLRP incentive, he should not be held responsible for the career counselors error and, as such, and as a matter of equity the applicant should be allowed to receive the SLRP incentive in the amount of $20,000.
3. 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 request allowing the applicant to remain entitled to payment of his student loans in the amount of $20,000 provided he met all other criteria.
________________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) AR20150001681
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