MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           2 December 1998                   
	DOCKET NUMBER:  AC98-07851

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Mr. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. John H. Kern		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That his Selected Reserve Student Loan Repayment Program (SLRP) amount be changed from $10,000 to $20,000.

APPLICANT STATES:  That his Army National Guard (ARNG) recruiter promised him that he was eligible for a $20,000 SLRP benefit.  In an attached memorandum signed by his Father and himself, the applicant states that he was told by his recruiter that he was entitled and would receive $20,000 for SLRP.  He submits statements from his recruiter and documents from his enlistment in support of his application.

EVIDENCE OF RECORD:  The applicant's military records show:

The available records show that the applicant enlisted in the ARNG on 1 February 1988 for a period of 8 years.  His enlistment documents also show that he enlisted in pay grade E-1 for training in field artillery and assignment to a field artillery unit.

Annex C to the DD Form 4 (enlistment contract) is the SLRP agreement form for the ARNG.  It shows on page 2, section 3 that the maximum repayment on eligible loans, when totaled together, will not exceed $10,000.  The applicant authenticated this form with his signature, which is dated 1 February 1988.

The applicant provided a statement from an individual who identifies himself as the former production recruiter for the ARNG.  This individual states that he remembers discussing with the applicant and the applicant’s father that he was eligible for a $20,000 SLRP benefit.  He believes that the applicant was eligible for this because of the critical skill he enlisted for.  He further states that the NCO at the military entrance processing station (MEPS) probably just forget to change the amount on the enlistment forms to $20,000.

In an opinion to the Board the National Guard Bureau (NGB) notes that the SLRP program for the ARNG was governed by NGB Pamphlet 600-15.  The pertinent copy of the pamphlet, dated 1 January 1987, stated that the maximum amount of loans against which repayment is computed would not exceed $10,000.  A change to the pamphlet that was dated 1 June 1988 increased the amount to $20,000 but the new provision was not retroactive.  The NGB recommends denial of the applicant’s request since he enlisted on 1 February 1988.

Army Regulation 135-7, chapter 5 provides guidance on the SLRP.  The regulation in effect at the time states that effective 1 March 1988 the maximum portion authorized for loan repayment is $20,000.  Prior to 1 March 1988 the maximum SLRP was $10,000.  The regulation also provides that once $10,000 is established for SLRP it cannot be increased to $20,000 during the soldiers career.

Information provided by the Minnesota Adjutant Generals’ office revealed that, according to their historical files, the SLRP bonus did not increase to $20,000 until 1 June 1988 when the HQDA authorized increase was implemented by the ARNG.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement

2.  AR135-7 did not provide for a $20,000 SLRP benefit until 1 March 1988 and the ARNG did not implement this increased authorization until 1 June 1988.

3.  The statement from the former ARNG recruiter concerning his belief that he informed the applicant about a SLRP benefit in the amount of $20,000 prior to 1 February 1988 lacks creditability based on the implementing date of the increased benefit in the references cited above.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

RVO_____  GDP_____  JHK_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-07851	
SUFFIX		
RECON		
DATE BOARDED	19981202	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	128.05	
2.		
3.		
4.		
5.		
6.