PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           9 November 2000                 
	DOCKET NUMBER:   AR2000039628

	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:

	Ms. Jennifer L. Prater		Chairperson	
	Ms. Barbara J. Lutz		Member	
	Mr. Orville W. Troesch, Jr.		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 the date on her Student Loan Repayment Program (SLRP) Addendum (DA Form 5261-4-R) be amended or added to her reenlistment contract.

3.  The applicant states that the incorrect form for the SLRP was completed during her reenlistment.  In support of her request, she has provided a letter from the retention noncommissioned officer (NCO).  The retention NCO recounts that he reenlisted the applicant on 6 December 1999, completed the SLRP addendum, but later learned that the SLRP addendum was not submitted for processing.  The applicant approached him in hopes of obtaining the original addendum.  He gave her a letter explaining what had happened and understood that with that letter her unit would correct the error.

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

5.  On 6 November 1998 an SLRP addendum was signed by the applicant and the retention NCO.

6.  On 6 December 1998 the applicant completed DD Form 4/1, Enlistment/Reenlistment Document, Armed Forces of the United States.  The applicant, a staff sergeant/E-6 at the time, reenlisted into the USAR for a period of 3 years in military occupational skill (MOS) 91C.

7.  On 6 June 1999 the applicant and the same retention NCO signed another SLRP addendum authentication page.

8.  In the processing of this case the USAR, SLRP Administrator, Fort McCoy, was contacted.  The administrator stated that MOS 91C was eligible for the SLRP on 6 December 1998.

9.  Army Regulation 135-7, Incentive Programs, chapter 5.1, SLRP, 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’s contention that she reenlisted believing that she was eligible for the SLRP is credible and supported by the retention NCO of record.  The Board agrees with the applicant that she made a contract in good faith with the government that she would reenlist in the USAR, with the understanding that the government would pay her student loans.  It would be unfair and unjust to the applicant if the Army did not now keep its portion of the contract as approved and prepared by its representatives.

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 showing that the individual concerned was properly reenlisted for the Student Loan Repayment Program on 6 December 1998 in MOS 91C.

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000039628	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001109	
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.