PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           19 December 2000                  
	DOCKET NUMBER:   AR2000040588

	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. James P. Huber		Chairperson	
	Mr. Kenneth L. Wright		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 the date on her Student Loan Repayment Program (SLRP) Addendum (DA Form 5261-4-R) be changed from 10 March 1996 to 1 April 1996.

3.  The applicant states that the problem came up in the United States Army Reserve (USAR) in 1996.  Her end of term of service was 21 April 1996.  She normally would not have reenlisted until some date in April 1996.  The 90th Regional Support Command’s retention NCO was visiting the unit.  He advised her that her military occupational specialty (MOS) was eligible for the SLRP and urged her to reenlist that same weekend on 10 March 1996.  In October 1998 she submitted loans for repayment which were denied, because her MOS – 71L was not eligible for the SLRP on the date she reenlisted.  In support of her request, she has provided letters that she had written to her congressman, a supporting letter from the 348th Personnel Group Commander, a letter from the SLRP administrator at USAR Headquarters, Fort Mcoy, Wisconsin advising the applicant that her MOS 7lL was not DA approved for SLRP entitlement, and a letter from the 90th Regional Support Command, Inspector General Office advising the applicant on how to seek relief.

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

5.  On 10 March 1996 the applicant completed DD Form 4/1, Enlistment/Reenlistment Document, Armed Forces of the United States.  The applicant, a sergeant/E-5 at the time, reenlisted into the USAR for a period of 6 years.  Section V of the form is initialed to indicate that an addendum is present. 

6.  An SLRP Addendum dated 10 March 1996 signed by the applicant and a recruiter states that the applicant was reenlisting for assignment in MOS 71L which was approved for loan repayment.

7.  On 23 June 1998 the applicant completed DD Form 2475, Educational Loan Repayment Program (LRP) Annual Application, to submit her loans for payment. 

8.  A letter to the applicant’s commander dated 19 October 1998 from the USAR, SLRP Administrator, Fort McCoy, Wisconsin indicates that the MOS indicated on the SLRP Addendum is not Department of the Army approved for the SLRP entitlement.  It advises the applicant that she may apply for an exception to policy.

9.  In the processing of this case the USAR, SLRP Administrator, Fort McCoy, was contacted.  The administrator stated that MOS 7lL became eligible for the SLRP on 1 April 1996 and provided the Board a copy of the supporting document.

10.  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.  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.

CONCLUSIONS:

1.  The applicant’s contention that she reenlisted believing that she was eligible for the SLRP is fully supported by the records available.  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 on 1 April 1996 in MOS 7lL with entitlement to the Student Loan Repayment Program.

BOARD VOTE:  

__jph____  ___klw__  ___rjw___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_________James P. Huber_____
		        CHAIRPERSON

INDEX

CASE ID	AR2000040588	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001219	
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.