MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            30 September 1999                   
	DOCKET NUMBER:    AR1998013619

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Ms. Elizabeth Buchanon		Chairperson	
	Mr. Lester Echols		Member	
	Mr. James P. Steuve		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 student loans be paid under the provisions of his Student Loan Repayment Program (SLRP) addendum.

APPLICANT STATES:  That  he was erroneously given the SLRP, that it was only valid for individuals enlisting in the USAR, not for those reenlisting.

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

He enlisted in the ARNG on 13 July 1989 and was promoted to pay grade E-4.  His was discharged from the ARNG on 18 May 1995, the day prior to his enlistment in the USAR.

In conjunction with his enlistment in the USAR he completed an SLRP addendum.

On 10 February 1998 the applicant’s unit was notified that the applicant’s enlistment was defective since he was erroneously offered the SLRP, and that he could opt to remain in the unit without the SLRP, he could request discharge due to defective enlistment, or he could petition this Board.

Army Regulation 135-7, Incentive Programs, chapter 5.1, Student Loan Repayment Program, restricts the SLRP to those reservists who either enlist or reenlist for a skill or unit approved by the Department.  This educational incentive may only be elected at the time of enlistment or reenlistment.  This 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 by being separated from his or her unit.

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

1.  The Department reviews the manning needs within the Service to determine where there are critical shortages.  This assessment is based not only on the skills and units, but on the grades of the shortage MOS’s.  As such, some enlistment incentives will be offered strictly for enlistments or for reenlistments, depending on the grade level needed to relieve the shortage.

2.  While it was unfortunate that the applicant was erroneously offered the SLRP, he was offered discharge to terminate the defective contract.  

3.  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

__eb____  _le _____  _jps_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998013619	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	128.05	
2.		
3.		
4.		
5.		
6.