PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  15 August 2000
	DOCKET NUMBER:  AR2000040534

	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. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Mr. Thomas D. Howard		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Ms. Gail J. Wire		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, that his Student Loan Repayment Program (SLRP) be authorized for payment.

3.  The applicant states, in effect, that he joined the Army Reserves to be a 77W10, Water Treatment Specialist, and for the SLRP incentive.  However, when he applied for payment of his student loans according to the SLRP, his request was denied with the statement that his MOS 77W10 was not authorized for the SLRP.  

4.  The applicant's commander wrote a letter requesting that the applicant be paid his SLRP incentive: "The purpose of this memo is to request that (the applicant's) enlistment contract be honored.  (The applicant) contracted with the USAR on 13 November 1992 at which time he completed a DA Form 5261-4-R, Student Loan Repayment Program Addendum.  (The applicant) enlisted with the understanding that he would be entitled to loan repayments.  In (the applicant's) letter, he states the SLRP is what compelled him to join the Army Reserves.  (The applicant) took out loans based on the contract he signed.  He fully believed and trusted that the Army would keep its promise.  During processing of the student loan repayment application, (the applicant) received notification that his MOS did not qualify for SLRP by Fort McCoy (SLRP) pay office.  The implications of denying this request can be widespread.  In this climate of trying to retain soldiers in the Reserves, a dishonored contract is like a virus that sickens the moral and trust of those around the affected soldier."

5.  The applicant’s military records show that he enlisted in the Army Reserve on 13 November 1992 for an 8 year term of service.  His Enlistment Agreement, SLRP Addendum, Statement of Understanding Army Policy, and Statement of Understanding USAR-USAREC Policy Addendum all show that he enlisted for MOS 77W10 with the SLRP incentive and all forms are signed by enlistment officials. The SLRP entitlement is for $10,000 repayment during his 8 year term of service. The applicant is currently an E-5 Sergeant and member in good standing of the USAR 854th Quartermaster Company, Logan, Utah.

6.  The MOS 77W10 was not authorized for the SLRP bonus when the applicant enlisted.

CONCLUSIONS:

1.  The applicant enlisted for the SLRP incentive in good faith that what he contracted for and what his recruiter and enlistment officials promised would be fulfilled.  As a matter of integrity on the part of the Army and as a matter of justice, the applicant should be provide SLRP benefits as an exception.

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 for the individual concerned by;

	a.  authorizing, as an exception, payment of SLRP incentive benefits for enlisting for the MOS 77W10; and

	b.  that he be provided student loan repayments as scheduled in the SLRP Addendum beginning on his first anniversary of his enlistment, 13 November 1993.

BOARD VOTE:  

__th____  ___ao___  ___gw___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Thomas D. Howard____
		        CHAIRPERSON

INDEX

CASE ID	AR1999019963	
SUFFIX		
RECON		
DATE BOARDED	20000815	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.103.01	Educational Benefits	
2.		
3.		
4.		
5.		
6.