PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            5 August 1999                  
	DOCKET NUMBER:   AR19990220147

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

	Mr. Loren G. Harrell		Director	
	Mr. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Ernest W. Lutz, Jr.		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

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

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, that the missing reverse side of his Student Loan Repayment Program Addendum, DA Form 5261-4-R, to his enlistment contract, be replaced.

3.  The applicant states that when he enlisted in the US Army Reserves (USAR) on 30 October 1989, he filled out a DA Form 5261-4-R, Student Loan Repayment Program (SLRP) Addendum.  His personnel records contain a copy of only the front side of this form.  When he applied for student loan repayment, he was required to provide a copy of the complete form to include the back side which has been lost by the records custodian or the system.  He requests that a new form be filed in place of the missing copy.  His unit provides supporting letters for this request to provide him the SLRP payments to which he is entitled.  The unit recommends approving a predated (30 October 1989) all new February 1996 edition of the DA Form 5256-1-4-R, Student Loan Repayment Program.

4.  The applicant’s military records show that he enlisted in the USAR for an 
8 year period of service on 30 October 1989.  In connection with his enlistment, he also completed a DA Form 5261-4-R, July 86 edition, Student Loan Repayment Program Addendum.  The July 86 edition of the DA Form 5261-4-R is a single sheet form with a front and reverse side.  The front side contains printed information and has space for a soldier's initials on acknowledgements and obligations and the Military Occupational Skill (MOS) the soldier is enlisting for that is approved for the loan repayment program.  The reverse side contains printed information, space for the soldier's signature and date of signing, and space for the certifying service representative signature and date of signing.  Only a photo copy of the front of the form is in the applicant's MPRJ which shows that he enlisted for MOS 67V10 which was approved for the SLRP and shows that he was enlisting with no prior military service for 8 years and agreed to serve his initial 6 years in the USAR in the MOS indicated.  The reverse side of the form has been lost.  A copy of both sides of the form is needed to apply for loan repayments.

5.  The information on the reverse side of a DA Form 5261-4-R, July 86, shows under section V, Entitlement, paragraph 3, "The amount of the loan(s) (not to exceed $10,000) that may be repaid in my case is 15% (a maximum of $1,500) or $500 whichever is greater, plus interest.  This will be paid for each year of satisfactory service performed during this contractual commitment and after the loan or loans were made."  Paragraph 4 shows, "Repayment of any such loan(s) will be made after each complete year of satisfactory service that I perform beginning with the contractual commitment."  Section VI states the conditions under which the SLRP will be suspended; Section VII states the conditions under which the SLRP will be terminated; Section VIII is a statement of understanding with space for the applicant to sign and date; and Section IX is certification by an authorized service representative with space for the applicant to sign and date.
6.  The applicant extended his enlistment and is still active with his Reserve unit so may still receive SLRP payments, current and arrears, on his student loans paid to his loan institutions.

CONCLUSIONS:

1.  The applicant was enlisted on 30 October 1989 with an approved SLRP enlistment incentive and that originally both the front and the reverse of the 
DA Form 5261-4-R, July 86 edition, authorizing the SLRP were completed.  The applicant's record today contains only a photo copy of the front side of that form.  Because of significant differences in the wording of the July 86 and the February 96, the original July 86 edition of the form should be corrected instead of implementing a new predated February 96 edition. 

2.  According to the record, the applicant is authorized to receive the SLRP benefit beginning on his first enlistment anniversary, 30 October 1990, up to $10,000 total.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by:

	a.  showing that showing that the reverse side of the DA Form 5261-4-R, July 86 edition, was signed by the applicant on 30 October 1989 in Section VIII, Statement of Understanding; and that Section IX, Certification by Service Representative, was signed by an authorized service representative on 
30 October 1989; and

	b.  a copy of this Board proceeding with a blank copy of the reverse side of the DA Form 5261-4-R will be attached to the copy the original front side of the 
DA Form 5261-4-R in the military record.  Copies of these documents with an application for SLRP loan repayment will be submitted by the applicant through normal channels (through the Reserve unit to the SLRP pay agency) for payment accordingly.

BOARD VOTE:  

_mdm___  ___aao__  __ewl___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Mark D. Manning_________
		        CHAIRPERSON

INDEX

CASE ID	AC	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990805	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.