PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:            3 October 2000                  
	DOCKET NUMBER:    AR2000039063

	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. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Richard T. Dunbar		Member	
	Mr. Raymond J. Wagner		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 his Student Loan Repayment Program (SLRP) Addendum be transferred from the Army National Guard (ANG) to the US Army Reserve (USAR).

3.  The applicant states that he originally signed an SLRP addendum, while on active duty, on 20 January 1986 for a 3 year obligation with the ANG.  On 13 May 1996 he separated from active duty and attempted to serve in the ANG.  He was unable to do so.  Sometime in September 1996 he was released from the ANG, and on 21 April 1997 he transferred to the USAR for an assignment in military occupational specialty (MOS) 88L, Watercraft Engineer.  The recruiter did not inform him that completion of a new SLRP addendum was necessary for him to continue in the program.

4.  The applicant’s military records are not available.  The information herein was provided by the applicant. 

5.  On 13 July 1998 and 9 August 1998 the applicant submitted DD Form 2475, DOD Educational Loan Repayment Annual Application, for payment towards his student loans.

6.  On 14 May 1996 the applicant completed enlistment documents reflecting that he enlisted into the ANG for a period of 3 years.

7.  On 14 May 1996 an SLRP Addendum was signed by the applicant and a recruiter that reflects that the applicant reenlisted for assignment in MOS 82C, which was approved for loan repayment.

8.  A letter to the applicant’s commander dated 3 September 1998 from the USAR, SLRP Administrator, Fort McCoy, Wisconsin advises that upon the applicant’s enlistment into the USAR on 21 April 1997 he needed to have executed a new bonus addendum, providing he had met all eligibility requirements.

9.  In the processing of this case the USAR, SLRP Administrator, Fort McCoy, Wisconsin, was contacted.  The administrator stated that MOS 88L was eligible for the SLRP on 21 April 1997.

10.  A staff member of the Board spoke with the applicant.  In response to questions the applicant replied that after separation from the ANG he contacted an USAR recruiter.  The recruiter explained that because he still had 3 years obligation remaining on his ANG contract he did not have to enlist in the USAR, but would be transferred to the USAR.  The recruiter did not inform him that he needed to complete a new addendum to transfer his SLRP addendum.

11.  AR135-7, 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.

12.  Change 15, to AR 135-7, which became effective 1 April 1996, states in pertinent part that a soldier who transfers between the Reserve Components of the ANG and the USAR is authorized to continue under the SLRP, if otherwise qualified.  A new DA Form 5261-4-R must be prepared, however, this act does not create a renewed entitlement to an additional $10,000 or $20,000 maximum benefit, but retain the solider as a SLRP participant under the $10,000 maximum SLRP benefit.

CONCLUSIONS:

1.  The records available reflect that he applicant enlisted or transferred from the ANG to the USAR.  When the applicant transferred to the USAR he held a MOS that qualified for the SLRP and the governing regulation allowed for a transfer of the SLRP addendum.  The Board agrees with the applicant that there existed a reasonable expectation that the recruiter should have informed him of the transfer policy.  It would be unfair and unjust to the applicant if the Army denied him the transfer of the SLRP addendum as allowed by the applicable regulation.

2.  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:

a.   showing that the applicant’s SLRP entitlement was transferred from the ANG to the USAR on 21 April 1997; and

b.  showing that the individual concerned completed a new SLRP addendum on 21 April 1997 in MOS 88L.

	c.  authorizing payment to him under the terms of his SLRP addendum and in accordance with applicable regulations.

BOARD VOTE:  

___jns___  ___rtd___  ___rjw__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___________John N. Slone________
		        CHAIRPERSON

INDEX

CASE ID	AR2000039063	
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	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.  103.01		
2.   128.06		
3.   128.10		
4.		
5.		
6.