AR20150009750

IN THE CASE OF:

BOARD DATE: 17 May 2016

DOCKET NUMBER: AR20150009750

BOARD VOTE:

____X____ ____X__ ____X___ GRANT FULL RELIEF

________ ________ ________ GRANT PARTIAL RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

2Enclosures
1. Board Determination/Recommendation
2. Evidence and Consideration

IN THE CASE OF:

BOARD DATE: 17 May 2016

DOCKET NUMBER: AR20150009750

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 exception to policy 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.

IN THE CASE OF:

BOARD DATE: 17 May 2016

DOCKET NUMBER: AR20150009750

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 25 October 2006 he signed a contract to receive student loan repayments under the SLRP for up to $10,000. His recruiter ensured him all was correct in his contract. A year later when he went to try to use the SLRP he was informed he was not eligible for it. He went to his recruiter and his command and was informed that the mistake was an oversight on their part and his commander initiated an exception to policy (ETP) for him to retain his SLRP eligibility and correct the Army’s mistake. He has never missed a drill and still hopes the Army will correct its mistake. He submitted the ETP packet and a brigadier general (BG) in his chain of command recommended approval. He has since been told that he should receive the SLRP eligibility but only the Army Board for Correction of Military Records (ABCMR) has the budget. He has done everything the Army has told him to do.

3. The applicant provides copies of his

* 25 October 2006 reenlistment documents
* ETP packet
* 31 August 1998 enlistment documents
* other military personnel records

CONSIDERATION OF EVIDENCE:

1. The applicant enlisted in the USAR on 31 August 1998. He reenlisted in the USAR on 25 October 2006.

2. A DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) shows he reenlisted in the USAR for 6 years on 25 October 2006. Item 8b (Remarks) shows, in part, Bonus Control #F114775417. This form is filed in his Official Military Personnel file (OMPF)

3. A DA Form 5261-4-R (Student Loan Repayment Program Addendum) completed in conjunction with his enlistment is also filed in his OMPF and shows in:

a. Section III (Acknowledgment), he indicated he was contracting to serve in military occupational specialty (MOS) 42A (in which he was qualified) for which 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), Sergeant First Class (SFC) R______ T__________ signed in this section as the Army Reserve Career Counselor (ARCC).

4. On 14 September 2007 SFC T______, the ARCC, provided a memorandum for record in which he stated the applicant reenlisted on 25 October 2006 for
6 years and for the $10,000 SLRP. The contract was signed and is filed in the applicant’s OMPF. The applicant was informed his SLRP payment request would not be granted because he was not eligible for the SLRP. The Selected Reserve Incentive Program (SRIP) list, dated 23 February 2008, did not show MOS 42A as being eligible for the SLRP. As this was not due to the applicant’s fault, SFC T______ recommended approval of an ETP to allow the applicant to receive the SLRP incentive.

5. In a USAR Command memorandum, the applicant was informed that his SLRP incentive was terminated because his MOS was not eligible for the SLRP at the time.

6. On 23 September 2007 the applicant submitted an ETP request to retain the $10,000 SLRP.
7. On 15 March 2014, BG N_____ B. G____, Commanding General,
4th Sustainment Command, recommended approval of the applicant’s ETP.

8. In a 4 September 2014 memorandum for record the applicant’s Commander recommended approval of the ETP and explained that the applicant had submitted documentation numerous times and now has accumulated a substantial debt due to no payment of his student loan.

9. On 6 November 2014, Major General (MG) M____ P. T___ Commanding General, 79th Sustainment Support Command, recommended approval of the ETP.

10. On 17 November 2014, the USAR Command denied the request for an ETP to allow the applicant to retain the SLRP entitlement. The denying official stated that the SLRP was erroneously offered; the FY06 SRIP list did not authorize MOS 42A to receive any SLRP incentives. The applicant was advised he could elect to apply to the ABCMR to pursue any perceived injustice.

REFERENCES:

Army Regulation 135-7, in part, restricts the SLRP to those Reservists who either enlist or reenlist for a skill or unit approved by the Department of the Army and disseminated to the field by a list of MOSs and units, which is updated every
6 months. This educational incentive may only be elected at the time of enlistment or reenlistment.

* Each complete satisfactory year of service performed under this SLRP agreement establishes an anniversary date. Any qualifying loan which is at least a year old may then be paid in accordance with the terms of this educational enlistment incentive.
* The incentive pays a limited sum of money to a lending institution on the anniversary date of an enlistment or reenlistment. These payments continue on a yearly basis unless the Soldier loses eligibility.

DISCUSSION:

1. The evidence of record clearly shows the applicant entered into a contract with the understanding he was eligible for 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.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings AR20150000953

Enclosure 1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

ABCMR Record of Proceedings (cont) AR20150009750

2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 1

ABCMR Record of Proceedings (cont) AR20150009750

4

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 2