MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            27 January l999                  
	DOCKET NUMBER:   AC97-11191
                                              AR1998000703

	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. Richard H. Allen		Analyst	

  The following members, a quorum, were present:

	Mr. James E. Vick		Chairperson	
	Ms. Margaret K. Patterson		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:  In effect, granting of entitlement to the Student Loan Repayment Program (SLRP) at the time of his enlistment in the Army Reserve (USAR) on 19 September 1992.

APPLICANT STATES:  At the time of his enlistment in the USAR, he was attending college.  He was told by a counselor at the Manpower Entrance Processing Station (MEPS) that he could get the SLRP after his return to his USAR unit.  When he finished his training, he was told by a specialist in his USAR unit that he would be entitled to the SLRP.  In essence, he has been denied the SLRP, and believes that he is entitled to the SLRP since he enlisted in the USAR to help pay for his college education.  He submits extracts of his enlistment documents and denials of his attempts to receive SLRP payments.

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

He enlisted in the USAR on 19 September 1992 for 8 years.  His enlistment rank was pay grade E-3 based on more than 4 semesters of college.  

A review of his enlistment documents, DD Form 4, with addendum, dated 
19 September 1992, shows on the DD Form 19966/2, item 31a (Specific Option/Program Enlisted For, Military Skill, or Assignment to a Geographical Area Guarantees):  “IAW (In accordance with) AR 601-210, STD Trng Prog Asg To:  6253 USAH (1000B) Novato, CA 94947, (415) 883-0533, 35G10, E3,
6X2 GI Bill.  Essentially, this states that he was enlisting for the standard training program, was to be assigned to a United States Army Hospital in California, that he was to be trained in Military Occupational Specialty (MOS) 35G (Medical Equipment Repairer- Unit Level), that he was to serve 6 years in the Selected Reserve, plus 2 years in the Inactive Reserve and be entitled to the Montgomery GI Bill program (MGIB).  Further, on the DD Form 1966/3, Section VI-Remarks, no mention is made of entitlement to the SLRP.

He includes with his application, a copy of a DD Form 5261-4-R (Student Loan Repayment Program Addendum) that normally is filled out when a soldier has been determined to be eligible, or is enlisting for this option.  The form is signed by the applicant, and a personnel specialist from his unit on 19 September l992.  However, no MOS for which he is enlisting for and for which the SLRP is authorized is shown in Section III, Item 5, of the form.  

The applicant took his MOS training from May l993 through May l994 and was awarded MOS 35G.  He then returned to his USAR unit to complete his term of service.  

On or about 2l August 1995, the applicant executed a student loan for $5500.  On 19 May 1997, he made application for his annual repayment entitlement for the loan.  On 25 July 1997, his Reserve command (Fort McCoy) notified the applicant’s commander that a Department of the Army (DA) approved MOS for the SLRP was not shown on  the DA Form 5256-4-R, and secondly, the unit was not “bonus qualified” (must be so qualified between l January 1992 and 
23 November 1993.  The applicant was advised that he could ask for an exception to policy from the US Army Reserve Command (Atlanta) or this Board.

It would appear that the applicant did not apply to the Reserve Command, but came directly to this Board.  

Based on the nature of the case, the application was referred to the Chief, Army Reserve (OCAR).  An advisory opinion (COPY ATTACHED) was received from that agency.  It essentially recommends disapproval of the application in that the MOS was not an authorized MOS for the SLRP.  This opinion was referred to the applicant for comment or rebuttal, but he failed to respond.

Army Regulation 135-7, at Chapter 5.1, outlines the criteria and procedures for obtaining the SLRP.  The SLRP incentive provides for the repayment by the Government of designated portions of college loans obtained by USAR soldiers under the Higher Education Action of 1965, as further amended in 1975.  Soldiers are required, in essence, to complete a DA Form 5261-4-R at the time he or she enlists in the USAR.  The enlistment must be for a minimum of 3 years. The completed form will be attached as an addendum to the DD Form 4 series, Enlistment/Reenlistment Documents.  However, only selected units and MOS’s, are authorized the SLRP, as determined by the DA on a periodic basis.  

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(s), 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, in this case, has failed to submit evidence that would satisfy the aforementioned requirement.

2.  The applicant’s basic enlistment documents (DD Forms 4/1966) fail to show that he was promised or guaranteed a SLRP enlistment by enlistment officials at the MEPS in September 1992.  The only mention on his enlistment documents of educational benefits is entitlement to the MGIB.

3.  The Board is not convinced that, even if the DA Form 5261-4-R was properly completed, that it would be valid since the applicant’s MOS and unit were not authorized the SLRP.  

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

__JEV  _  __MKP_ _  __JHK__    DENY APPLICATION
_

						Loren G. Harrell
						Director

INDEX

CASE ID	AC97-11191/1998000703	
SUFFIX		
RECON		
DATE BOARDED	19990127	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	Mr. Loren G. Harrell	
ISSUES         1.	112.04	
2.	128.14	
3.		
4.		
5.		
6.