MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            3 October 2000                 
	DOCKET NUMBER:    AR2000037920

	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. Carl W. S. Chun		Director	
	Mr. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Richard T. Dunbar		Member	
	Mr. Raymond J. Wagner		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 the Student Loan Repayment Program (SLRP) in connection with his 1995 enlistment.

APPLICANT STATES:  That he reenlisted on 26 February 1995 and signed an SLRP Addendum.  He has been denied payment after spending three years submitting the proper paperwork.  He contends that he timely submitted the paperwork in 1996, 1997 and 1998 but was informed on 3 September 1998 that he was not eligible to receive any payments.

In support of his request, he has furnished a copy of the letter denying his request for SLRP payment from the SLRP Administrator, a copy of the SLRP Addendum, a copy of his promissory note of loan, a copy of his separation document (DD Form 214), copies of the three DOD Loan Repayment Program – Annual Repayment Applications (DD Form 2475) that he submitted and a letter he prepared for this Board outlining his overall situation.

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

He is currently a sergeant first class serving in the US Army Reserve (USAR). His record does not contain evidence of his February 1995 reenlistment or the SLRP Addendum he claims that he executed in connection therewith.

The copy of the SLRP Addendum he has provided is dated 26 February 1995 and shows that he was a prior service soldier reenlisting or extending for three years.  He agreed to serve the entire term of his reenlistment/extension in the Selected Reserve in the military occupational specialty (MOS) and/or unit indicated.  The addendum indicates that he was contracting for assignment to the Combat Service Support School Brigade but the space for the MOS was left blank.  He initialed Section V – Entitlement, that he understood that loan repayment was for a maximum of $10,000.00 during his military career.

The addendum is certified and dated 26 February 1995, by a captain, an Assistant S-3 Officer, and says that the applicant’s MOS or unit is currently eligible for the loan repayment program.

DD Forms 2475 (Annual Repayment Application) for the years 1996, 1997 and 1998 show that the principal balances on his loan ranged between $21,000.00 and $25,000.00.

The SLRP Administrator returned the applicant’s DD Form 2475 on 29 July 1998 for missing documents and information.

On 3 September 1998 the SLRP Administrator advised the applicant’s commander that the applicant was not eligible for the SLRP due to a non-qualifying MOS.  The administrator noted that neither MOS 71L3H nor 75B were qualified for repayment in February 1995.

Coincidentally, on 3 September 1998 the applicant provided copy of the documents missing from his previous application to the SLRP Administrator and also asked that he be considered for the SLRP in MOS12B.

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, as the SLRP contract is an addendum to the reservist’s enlistment/reenlistment contract.  The 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 or losses MOS qualifications.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The applicant contends that he was denied the SLRP after three years of submitting the proper paperwork.  After reviewing his record, it appears that the denial of his application was based on an improper MOS and/or unit rather than a question of timely submission of the application. 

2.  The documents provided with his application do not include a copy of his reenlistment papers and as mentioned the SLRP Addendum he executed does not show his MOS.  However, his DD Form 214 shows that while he was on active duty at least he held both MOS 71L and 12B.  Nonetheless, the SLRP Administrator’s advisory to his commander noted that the applicant’s MOS’s were not qualified for payment at the time he reenlisted in February 1995.

3.  In the absence of more complete evidence substantiating that the applicant was entitled to an SLRP incentive at reenlistment in 1995, there is no basis for this Board to approve his 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

___jns___  ___rjw __  ___rtd  __  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000037920	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001003	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.  103.01		
2.  128.14		
3.		
4.		
5.		
6.