Day Forty-Six - Advocacy Week and Setting SLRP Straight
August 17, 2010
Ok, so there's been a lot of traffic about the Student Loan Repayment Program in the comment section, and some of the information is correct and some of it isn't. Like always, I appreciate the commentary but in this case people are putting out confusing answers that are slightly contradictory and it would appear that I'll need to clean it up. But first, lets get the experiential portion of the blog out of the way and I'll dedicate the second half to SLRP issues (rest assured it really isn't that complicated and it isn't something you should be worrying about until you arrive at C'Ville).
So this week begins Advocacy Week. It is the third and final week of the Criminal Law section in which we basically get to run through some very practical exercises that are meant to mimic what we should expect as either Trial Defense Services, or Trial Counsels.
However, before we got to that point we had to take the Criminal Law final... OF COURSE!!! It was 50 questions that must have been completed in two hours and it included everything that we were told it would in the review session on Friday. I think that because we were told what to study, the professors took it upon themselves to make some of the questions trickier then was really necessary, but for the most part it was VERY straightforward and if you studied a couple hours over the weekend for it, you were just fine.
After the exam, we received our assignment booklets for both our Guilty Plea and Contest Trial on the Merits. I was particularly excited about this part of the course, as I LOVE being in the court room and being on my feet, and finally we got to get of our giant sterile classroom.
After a rather lengthy lunch, we had our first meeting with either your Senior Trial Defense Attorney (if you were assigned to the defense) or your Chief of Justice (if you were assigned to be a Trial Counsel). This session was spent discussing the practicalities of what we should expect in the coming days and to begin to prepare us for our Guilty Pleas and Sentencing hearings that were to start the very next day. After that meeting was finished we were free to go and begin working with our partners on dividing up the responsibilities. For those with any criminal law experience you might be wondering how many responsibilities an attorney would have for a simple Guilty Plea and Sentencing hearing, but in the Army the process is lengthy and rather complex, and of course the hypothetical created for us makes you work.
This morning (Tuesday) began with ANOTHER APFT!!! This time I had no problem passing it. Though I didn't max either the push-ups or the sit-ups, I was comfortably over the minimum and as always I was in no danger of failing the run (though my time did not improve, surprisingly). After passing the PT test, which was a huge relief, we had another meeting with our respective senior attorneys to finalize discussions about strategy, and for one poor group, help them practice for their appearance that afternoon after lunch. This was fun, as most of us got the chance to argue and actually do some mock direct or cross examinations and get some criticism. For most of my classmates, this is their first time every in a trial advocacy setting, so it can be pretty comical, but everyone is having a good time.
After lunch, it was time to observe my first Guilty Plea exercise. The two groups did very well, as they maneuvered through this very scripted and formalized procedure, which has moments or real court room advocacy interspersed within long periods of judge instructions and queries. Being an observer was nice, I got to take notes on the reality of the procedure and get more comfortable with what I'm facing first thing in the morning.
After class, I went and got an hour leg workout with my Battle Buddy Lt. Boggs (I think she was disappointed we didn't get thru it all, but I think she'll thank me after tomorrow's run), and now I'm writing the blog and finalizing my examinations and arguments.
SLRP
Now for the portion I know you're all actually interested in. The Student Loan Repayment Program is an interesting incentive that the Army provides for officers who decide to take their commissions and thus sign up for another tour of duty with the Army. This includes Army JAGS who are direct commissionees with NO prior service. There are two basic requirements to be eligible for this program: (1) You must accept a four (4) year commission with the Army (which you are all doing when you show up at Ft. Lee and are sworn in); AND (2) you must have qualifying loans. It is my understanding that the VAST majority of loans, both private and public, qualify.
Lets get something straight, you do not have to sign up for ANY ADDITIONAL time beyond your first four year commitment to be eligible for SLRP. There are additional incentives that the Army offers after your first four (4) years, but I am not going to discuss those because you have to want to sign up again, and that is WAY to far in the future and you shouldn't be concerned about them.
So, what is the process and what do you have to do before showing up? Let me answer in reverse order... There is NOTHING you can do to aid the process of enrolling in SLRP prior to arriving at C'Ville, with the exception of having all of your loan paperwork in order when you leave to join the Army (but even then, you can always request it from your loan holders). As to the process, the Army sends a whole group of senior officers to C'Ville to brief you on the process, and believe me, it couldn't be easier. So, I repeat, DON'T WORRY about doing anything until you arrive in C'Ville which for many of you may be more then a year away.
So what do you get? SLRP is a program that essentially gives you $65,000 in three installments of roughly $22,000. You will receive your first disbursement at the END of your first year of service, and then the second payment at the END of our second year of service, and finally the third installment at the END of your third year. You can ONLY get the entire $65,000 if you have a cumulative PRINCIPLE amount of loans that is EQUAL to or GREATER THEN $65,000. If you have loans, the principle of which is LESS then $65,000, then you can only receive the amount of your existing PRINCIPLE.
So, for example, if you have $50,000 in loans, and over the last ten years it has increased to $65,000 due to the interest rate (say you have an extended forbearance) then you will NOT be eligible for the entire $65,000. The most you will receive from SLRP is $50,000. Essentially the Army doesn't want to provide you an total windfall, the way they see it, you borrowed, $50,000 the additional accumulation, due to interest, is on you.
So, is there a catch? YES THERE IS... Any money you receive from SLRP is considered TAXABLE INCOME and if you have FEDERAL LOANS and you qualify for Income Based Repayment (IBR) or Income Contingent Repayment (ICR), then each installment you receive WILL affect the measurement of your monthly payments, and your prorated monthly payment WILL increase. ALSO, the money MUST go towards loans, so not only do you not get the immediate personal benefit of the installments, now you're paying for them when the IRS comes calling...
So, now that I know this, what am I (1LT Sandys) going to do? It might sound crazy, but I am NOT accepting any money from SLRP. Why is that you ask? Several reasons... (1) I have ALL federal loans (not a single private loan), (2) I qualify for IBR and I just received my quoted monthly price and it is extremely favorable so I don't want that to be affected, (3) I intend to spend at least the next ten years of my legal career in the public service, and for those who are not familiar, Congress passed the Federal Loan Repayment Act a year or so ago, stating that if you make 120 months of successful loan payments (whether prorated due to IBR/ICR or not) while working in the public interest, the Federal Government will forgive the remainder of your loans with no adverse action towards you. Thus, there is no reason for me to actively try and decline the principle or amount of my loans, while taking the tax hike if they're just going to be forgiven. I am comfortable with the ten years because I don't intend to leave the Army unless I have a Federal Prosecutor position lined up, which means I would remain in the public service as my career continues.
Final Thoughts.... The SLRP program is a great thing, particularly for those who have a mix of Private and Federal Loans, and I would encourage those who do, to accept the max amount from SLRP they can, and "aim/focus" it towards those Private Loans ONLY. Furthermore, you become eligible for SLRP by simply joining the Army and accepting your first four (4) year "tour," so it will be available to you. The only word of caution I have is, be aware of your situation, and don't accept the SLRP funds, unless it is really going to help you, otherwise, the adverse affects may outweigh the positive ones.
I hope that cleared up some issues for everyone... Keep reading and keep asking questions...
J.
Aug 18, 2010 1:52 PM