MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           9 November 2000                   
	DOCKET NUMBER:   AR2000046003

	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:  In effect, that his student loans be paid under the Student Loan Repayment Program (SLRP) as promised.

APPLICANT STATES:  That he enlisted in the Louisiana Army National Guard (LAARNG) for the SLRP.  He was released by the LAARNG because he was moving to New York.  He did not have to enlist in the U. S. Army Reserve (USAR).  His recruiter convinced him to do so by telling him that he would get $20,000 for college if he would enlist. 

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

He enlisted in the LAARNG on 26 August 1988 for 8 years.  He enlisted for the SLRP.  

On 25 May 1990, the applicant signed a Request for Discharge or Clearance from Reserve Component, DD Form 368, requesting a complete discharge from the ARNG (and as a Reserve of the Army) on enlistment in the USAR (not a request for a transfer action).

An undated letter signed by the applicant stated that he would like to be discharged from the ARNG to reenlist in the USAR in New York.  He stated that he had been accepted to a major college in New York City and the NYUSAR had offered him more assistance to further his college career than did the NYARNG.  Furthermore, staying in the ARNG in New York would cause problems for him due to his full-time work schedule and his college class schedule.  

On 25 July 1990, the applicant was discharged from the ARNG and as a Reserve of the Army.  On 26 July 1990, he enlisted in the USAR.  On his Enlistment/Reenlistment Document Armed Forces of the United States, DD Form 4/2, section D, he certified that he fully understood that only those agreements in section B (in which is entered the word “none”) or recorded on the attached annex(es) would be honored.  Any other promises or guarantees made to him by anyone were written below.  The applicant checked and initialed the block “none” (no other promises made to him) in this section.  His 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, section V, is not checked, indicating that no Addendums had been completed or signed by the applicant.  Statement of Understanding Selected Reserve Educational Assistance Program (SHORT TITLE:  The New GI Bill), DA Form 5435-R, shows that he enlisted for the GI Bill.  Record of Military Processing – Armed Forces of the United States, DD Form 1966, section V, item 43 shows that he enlisted for the specific options/programs of prior service; enlistment in military occupational specialty (MOS) 96B10, no training; no bonus; and a specific unit.

Effective 12 May 1993, the applicant was reassigned to the USAR Control Group (Annual Training) due to unsatisfactory participation.  He was honorably discharged from the USAR effective 29 July 1997.

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. 

Army Regulation 135-7 prescribes policies and procedures for the administration of the ARNG and the USAR incentive programs, including repayment of student loans.  The regulation effective 1 July 1990, paragraph 5.1-5, stated that to be eligible for the SLRP incentive, a person must have contractually obligated himself or herself to service satisfactorily.  A person must have served in the Selected Reserve for the full term of the contractual agreement.  He or she must have further obligated himself or herself to continue to serve in the same component and the same MOS unless excused for the convenience of the Government.

The current version of Army Regulation 135-7, effective 15 May 1996, paragraph 5.1.1.5.1 states that an Army National Guard of the United States soldier eligible for the SLRP will retain entitlement at the same level on transfer to the USAR.

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.  Although the applicant stated in an undated letter that the NYUSAR had offered him more assistance to further his college career than did the NYARNG, he did not note on his DD Form 4/2 that any such promise was made to him.  His enlistment documents note that he enlisted for several other options/programs but not for the SLRP.  In addition, the regulation in effect at the time of his enlistment in the USAR stated that to be eligible for the SLRP a soldier must have further obligated himself or herself to continue to serve in the same component and the same MOS unless excused for the convenience of the Government.  The evidence of record shows that he transferred to the USAR for personal reasons, not for the convenience of the Government.
3.  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	AR2000046003	
SUFFIX		
RECON		
DATE BOARDED	20001109	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	112.04	
2.		
3.		
4.		
5.		
6.