MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            3 February 2000                  
	DOCKET NUMBER:   AR1999026099

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Margaret K. Patterson		Chairperson	
	Ms. Barbara J. Ellis		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 he be given the Student Loan Repayment Program (SLRP) and a reenlistment bonus.

APPLICANT STATES:  That he met the eligibility requirements for those incentives.

In support of his application he submits a letter from his commander in which his commander states that the unit’s retention NCO was not aware of the change in policy which allowed soldiers with less than 14 years of service to receive these incentives.

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

He immediately reenlisted in the USAR in pay grade E-5 for assignment to a troop program unit on 8 February 1999.  He had 11 years, 10 months and 7 days of prior inactive service and 8 months and 6 days of prior active service.  He did not complete either a bonus or an SLRP addendum at that time.

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.  Both the SLRP and a cash bonus are incentives, not entitlements.  If they were entitlements the applicant would not have had to petition the Board.

2.  It is apparent that the applicant did not need any additional incentive to reenlist

3.  The Board believes that to grant the applicant’s request would be tantamount to making enlistment incentives entitlements.  

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

_mkp ___  __bje  ___  _ewl ____  DENY APPLICATION

INDEX

CASE ID	AR1999026099	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	1999026099	
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.	108.05	
2.		
3.		
4.		
5.		
6.