PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           26 October 2000                 
	DOCKET NUMBER:   AR2000037354

	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. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Ms. Melinda M. Darby		Chairperson	
	Mr. William D. Powers		Member	
	Mr. Arthur A. Omartian		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, the reimbursement of money recouped for student loan repayment indebtedness. 

3.  The applicant states that his original enlistment contract stated that he was eligible for the Student Loan Repayment Program (SLRP) but no DA Form    5261-1-R (Selected Reserve Incentive Program – Educational Assistance Addendum) could be found.  As an exception to policy, the Department of the Army, Office of the Deputy Chief of Staff for Personnel (ODCSPER) authorized an antedated SLRP addendum, however, the ODCSPER did not have authority to reimburse him for money already collected from him because of the missing addendum.  It was suggested to him that he apply to the Army Board for Correction of Military Records for relief.

4.  In support of his request, he has provided a copy of the endorsements and the approval of his request for exception to policy authorizing payment of the SLRP and a copy of his application for remission of debt collection.

5.  The applicant’s military records show that he is currently a staff sergeant serving with the US Army Reserve (USAR).

6.  At the time of his initial enlistment on 10 May 1984 the applicant was eligible for the SLRP, however, the proper addendum was not completed or became lost. SLRP payments were paid for a period of two years then terminated and collection action was begun when the missing addendum was discovered.  In August 1999 the applicant applied for an exception to policy to authorize the SLRP and to be reimbursed for the money already collected from him.

7.  On 17 December 1999 the ODCSPER approved an exception to policy for the applicant to permit preparation of an antedated SLRP addendum in the amount of $10,000.00 effective 10 May 1984.  The ODCSPER also advised the applicant that reimbursement of the funds already collected from him could not be approved by that office and the applicant should appeal to this Board for relief.

CONCLUSIONS:

1.  The ODCSPER has determined that the applicant was entitled to the SLRP and has approved an exception to policy that permits the incentive to be effective as of the date of his initial enlistment.

2.  The ODCSPER’s decision to antedate the SLRP addendum obviated any indebtedness the applicant incurred as a result of the missing addendum, thus making the question of his indebtedness moot.  Accordingly, it would be appropriate to reimburse him for any funds recouped from him in satisfaction of his indebtedness.

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 reimbursing the individual concerned any money recouped for SLRP indebtedness created during his exception to policy request.

BOARD VOTE:  

___aao__  ___wdp _  ____mmd  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_________Arthur A. Omartian____
		        CHAIRPERSON

INDEX

CASE ID	AR2000037354	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001026	
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.  103.01		
2.  		
3.		
4.		
5.		
6.