MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            22 December 1999                  
	DOCKET NUMBER:   AR1999024129

	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. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Ernest W. Lutz, Jr.		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 her student loans be paid in accordance with her Student Loan Repayment Program (SLRP) reenlistment addendum.  As an alternative, she requests that she be discharged from the USAR without having the unearned portion of her affiliation bonus collected.

APPLICANT STATES:  In effect, that she completed the appropriate addendum for the SLRP but due to errors on the part of her recruiter, the addendum is not being honored.  While she was given the option to be discharged due to defective enlistment, to accept that option would require her to repay her affiliation bonus.

In support of her request the applicant submits a memorandum from her unit’s finance and accounting office (F&AO) which had denied payment of the applicant’s student loans.  In that memorandum the F&AO stated that when the applicant transferred from the Regular Army to the USAR she did not complete a reenlistment contract, which is required to establish eligibility for the SLRP.
 
EVIDENCE OF RECORD:  The applicant's military records could not be located and, therefore, were unavailable for the Board to review.

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 her or her unit.

Army Regulation 140-111, Table 2-3, Note 8, specifies that a soldier who, upon release from active duty in the Regular Army joins a USAR unit, as an exception to the general reenlistment policy, may reenlist for at least the number of years which he or she has remaining on her or her statutory military service obligation to establish SLRP eligibility.

Army Regulation 135-178 sets forth the basic authority for the separation of reserve enlisted personnel.  Chapter 9 provides for individuals who were promised a benefit in conjunction with their enlistment or reenlistment which the Army cannot honor.  These individuals have the option of either requesting immediate discharge or waiving the benefit and remaining in the USAR.

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 is not entitled to the SLRP since she did not execute a reenlistment at the time of her assignment.

2.  The Board may have looked favorably on the applicant’s request but she did not supply the Board information which would be required to base a favorable recommendation.  Was the applicant assigned to her unit effective 7 November 1997, the date she completed her SLRP addendum?  And would she be willing to execute an antedated reenlistment?  

3.  However, since the Board does not have the answer to these questions, the Board must recommend disapproval of her request.

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_____  __aao __  _ewl ____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999024129	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	1999024129	
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.