PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:             5 December 2000                  
	DOCKET NUMBER:    AR2000035045

	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. Carl W. S. Chun		Director	
	Mr. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Ms. Ann M. Campbell		Chairperson	
	Mr. Jose A. Martinez		Member	
	Mr. Allen L. Raub		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 that her student loans be paid in accordance with her Student Loan Repayment Program (SLRP) addendum.

3.  The applicant states in effect, that she enlisted for the SLRP and the Army should honor its written commitment.

4.  The applicant’s military records were not provided to the Board.  The following information was derived from documents provided to the Board by the applicant.

5.  She enlisted in the USAR for assignment to a troop program unit on 4 January 1994.  Her enlistment contract specified that she would serve 6 years in a Troop Program Unit and 2 years in the USAR Control Group.  In conjunction with her enlistment she executed a $10,000.00 SLRP addendum.

6.  In September 1997 the applicant took out two student loans.

7.  On 22 April 1999 finance and accounting informed the applicant’s commander that the applicant’s military occupational specialty (MOS) had not been approved for the SLRP at the time of her enlistment.  

8.  The applicant then requested an exception to policy to have her loans paid under the SLRP which was denied by the US Army Reserve Command (USARC) on 14 July 1999.  

9.  On 28 October 1999 the USARC Deputy Chief of Staff for Personnel (DCSPER) wrote to the applicant in response to a Congressional inquiry.  In that response the DCSPER explained that the intent of the SLRP is to influence the enlistment, reenlistment, assignment or retention of soldiers in certain military occupational specialties or units earmarked for the incentive.  The DCSPER added that paying student loans under the SLRP when a soldier is not entitled to that incentive is not permitted.

10.  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.

CONCLUSIONS:

1.  The applicant was given a written enlistment incentive which was used to induce her to enlist.  It is not unreasonable for her to expect the Army to honor its written promises to her since she has fulfilled her end of that contract.
2.  In order to qualify the applicant for the SLRP, it will be necessary to correct her records to show that in her case only, as an exception to policy, her MOS, 91P, was authorized the $10,000.00 SLRP at the time of her enlistment.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that in her case only, as an exception to policy, her MOS, 91P, was authorized the $10,000.00 SLRP at the time of her enlistment.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

___amc _  ___jam  _  ___alr___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_________Ann M. Campbell_________
		        CHAIRPERSON

INDEX

CASE ID	AR	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001205	
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.