MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:              29 December 1999                
	DOCKET NUMBER:     AR1999021694

	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:

	Mr. George D. Paxson		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Christopher J. Prosser		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 he be authorized to execute a Student Loan Repayment Program (SLRP) addendum to his USAR enlistment contract.

APPLICANT STATES:  That he believed that his ARNG SLRP addendum would remain in effect when he transferred from the ARNG to USAR.  When finance refused to pay an SLRP installment he discovered he had to execute an SLRP addendum in conjunction with his USAR enlistment.

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

He enlisted in the ARNG in December 1985, served continuously as a petroleum supply specialist, and executed an SLRP addendum with the ARNG on 31 January 1993.  He enlisted in the USAR for assignment to a troop program unit on 16 April 1997.  He did not execute an SLRP addendum in conjunction with his enlistment in the USAR.

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 applicant lost his SLRP when he signed his enlistment contract in the USAR.  There is no error or injustice in that scenario.

2.  The applicant, a staff sergeant with 12 years of service at the time of enlistment, would be expected to know that all addenda of an enlistment contract terminates when the enlistment contract terminates.  And it is a well known fact that a soldier is discharged when he or she executes an enlistment contract which changes his or her status.

3.  In addition, there is no indication that the applicant’s military occupational specialty was on the list of those skills approved by the Department for the SLRP when he enlisted in the USAR.

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

_gdp____  _clg_____  _cjp_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999021694	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19991229	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	128.05	
2.		
3.		
4.		
5.		
6.