MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            24 October 2000                  
	DOCKET NUMBER:    AR2000042695

	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:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. John T. Meixell		Member	
	Mr. Edwin S. Castle		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 his student loans be paid in accordance with his Student Loan Repayment Program (SLRP) agreement.

APPLICANT STATES:  In effect that he enlisted in the U.S. Army Reserve (USAR) for the SLRP and served the agreed term of service.  An SLRP payment for the year 1984 was made but no payments were made for the years 1985 through 1989.  He completed his service in 1989 and the Army should honor its commitment and pay his student loans.  He further states that his income tax refund has been withheld to repay his loans and he has never been informed why payment of his loans was stopped

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

He enlisted in the USAR for 6 years for assignment to a troop program unit (TPU) on 15 January 1983.  On 11 December 1985 he was reassigned from the 76th Division Maneuver Training Command by reason of change of address and assigned to the USAR Control Group (Annual Training).  He was honorably discharged from the USAR on 14 June 1989 in pay grade E-4.  

In conjunction with his enlistment, he executed a Selected Reserve Incentive Program Loan Repayment Program Statement of Understanding – Selected Reserve (DA Form 5139-R) and a Loan Repayment Statement of Understanding (DD Form 2057-R (TEST) wherein he agreed to satisfactorily serve the term of his enlistment in the Selected Reserve and acknowledged that repayment of his loan would be made after each complete year of satisfactory service.

On 30 November 1984 he contracted for guaranteed student loans in the amount of $9524.00.  On 3 May 1985 the Army disbursed $1428.60 as payment toward this loan.  There is no record of further payments after this initial payment.

On 21 March 2000, in response to the applicant’s request, the SLRP Administrator advised him that the statute of limitations and the fact that he had been out of the service since1989 precluded their being able to make any payments in his behalf.  He was advised to petition this Board for relief.

On 24 March 2000 the Internal Revenue Service advised him that his tax refund in the amount of $2642.72 had been diverted to the student loan lending institution to reduce his federal debt.

A member of the staff of the Board spoke with a representative in the SLRP Administrators office on 12 October 2000 in an effort to determine why the applicant’s loan repayments were discontinued after one payment.  The files available in the SLRP office confirmed that one payment was made in 1985 but contained no evidence why subsequent payments were not made.

The Reserve Component Personnel Update, Glossary, defines the Selected Reserve as part of the Ready Reserve of each Reserve Component consisting of units and individuals who participate actively in paid training periods and serve on paid active duty for training each year.  USAR Selected Reserve units are comprised of individuals in TPU’s, Individual Mobilization Augmentees and full-time active duty support personnel.

Army Regulation 140-1, Missions, Organization and Training, provides in pertinent part that USAR Control Groups provide control and administration for USAR personnel not assigned to TPU’s.  Control Group (Annual Training) consist of nonunit Ready Reserve soldiers with a training obligation.

Army Regulation 135-7, Incentive Programs, the regulation then in effect, provides in pertinent part, that the SLRP incentive provides for the repayment by the Government of a designated portion of any outstanding loan(s) secured after 1 October 1975.  Repayment of any loans described in this paragraph will be made on the basis of each complete year of service performed by the borrower, provided such service was performed after the loan was made.  To be eligible for the SLRP a person must serve in the Selected Reserve for the full term of the contractual agreement unless excused for the convenience of the government.

The same regulation provides that entitlement to the SLRP will stop if the     soldier - Separates from the Selected Reserve as an enlisted person for any reason including enlistment or voluntary recall into the active forces.

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 evidence of record shows that the applicant enlisted for 6 years on 15 January 1983.  On 11 December 1985 he was reassigned from the 76th Division Maneuver Training Command (a Selected Reserve TPU) to the USAR Control Group (Annual Training) (a nonunit Ready Reserve organization).  Although he completed his 6 years of service and was honorably discharged, his reassignment from a TPU violated the conditions of his SLRP agreement by terminating his assignment to a Selected Reserve unit prior to completion of his full term of enlistment.  

2.  Apparently, upon his reassignment from the TPU, the unit properly discontinued submitting the annual documentation required by the SLRP agreement to show that he had completed a year of satisfactory service.  Without such validation, payment toward his student loan was suspended.

3.  The use of the applicant’s income tax return to satisfy his indebtedness is an issue for him to resolve with the civilian institution holding his student loan and is not a matter within the purview of this Board.

4.  In sum, the applicant failed to live up to the contractual commitments of his SLRP agreement and the program was terminated.

5.  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

__mkp __  __jtm  ___  ___esc__  DENY APPLICATION

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

INDEX

CASE ID	AR2000042695	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001024	
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.		
3.		
4.		
5.		
6.