MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           9 November 2000                   
	DOCKET NUMBER:   AR2000044820

	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	
	Mrs. Nancy Amos		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 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 the Army pay back his student loans.

APPLICANT STATES:  That he joined the U. S. Army Reserve (USAR) for help with his college education expenses and the paperwork was never turned in.  He provides no supporting evidence.  The application lists the date of discovery of this error as 6 June 1995.

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

He enlisted in the USAR on 20 August 1985 for 8 years.  

The applicant’s Application for Enlistment – Armed Forces of the United States, DD Form 1966/7, shows that he enlisted for three specific options/programs – the standard training program, the GI Bill, and the military occupational specialty cash bonus.

The applicant’s Certificate and Acknowledgement of Service Requirements for Individuals Enlisting, Reenlisting, or Transferring into Troop Program Units of the US Army Reserve, DA Form 3540/3, shows that two Addendums were completed, signed by the applicant, and attached to the Certificate.  Those two Addendums were Selected Reserve Incentive Program – Enlistment Bonus Addendum, DA Form 5261-R, and Statement of Understanding Selected Reserve Educational Assistance Program (Short Title:  The New GI Bill, DA Form 5435-R).  Those two Addendums are filed in his records.

No Student Loan Repayment Program (SLRP) Addendum, DA Form 5261-4-R, is included with the applicant’s enlistment documents.

The applicant was honorably discharged from the USAR on 24 August 1993.

The SLRP provides for the repayment by the Government of a designated portion of any outstanding student loan(s) secured after 1 October 1975.  The loan amount to be repaid is 15 percent of the original balance of the loan plus accrued interest not paid by the Department of Education, or $500.00 plus the accrued interest not paid by the Department of the Education, whichever is greater.  Payments will be made for each year of satisfactory service in the Selected Reserve.  The maximum amount of loans against which the 15 percent is computed will not exceed $10,000.  This equates to a maximum annual repayment of $1,500 plus interest.  If the amount set for repayment is less than $500.00, then $500.00 becomes the calculated amount for repayment that year. 

Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so.

The doctrine of laches is defined by Black’s Law Dictionary, sixth edition as the neglect to assert a right or claim which, taken together with lapse of time and other circumstances causing prejudice to the adverse party, operates as a bar in a court of equity.

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.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  There is no evidence of record, and the applicant provides none, to show that he enlisted for the Student Loan Repayment Program.  

3.  The applicant states that he first discovered this error on 6 June 1995 and his application for correction is dated 6 July 2000.  Yet, had he enlisted for the SLRP the first payment should have been made after his first anniversary in the Selected Reserve, i. e., in 1986.  With the proper supporting evidence, he could have brought this error to the Board’s attention in 1986 or 1987.  It would then have been appropriate to consider correcting his records as requested.  The Board concludes, however, that even with sufficient supporting evidence granting relief at this point in time would not be appropriate.  The Board presumes that by continuing to serve his enlistment he effectively waived any entitlement to the SLRP.  Due to the passage of time, favorable consideration of his request would be barred by laches if the statute of limitations were waived.  The Board concludes that it is not in the interest of justice to waive the statute.

4.  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

__jlp___  __bjl___  __owt___  DENY APPLICATION

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

INDEX

CASE ID	AR2000044820	
SUFFIX		
RECON		
DATE BOARDED	20001109	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	128.00	
2.		
3.		
4.		
5.		
6.