MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           8 February 2001                  
	DOCKET NUMBER:   AR2000046133

	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. Edmund P. Mercanti		                        Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. Donald P. Hupman		Member	
	Mr. George D. Paxson		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 Loan Repayment Program (SLRP) be reinstated and that he be given the last four SLRP payments he is due.

APPLICANT STATES:  The clerk in his Army National Guard (ARNG) unit “fouled everything up”, which resulted in problems with his SLRP payments.  The ARNG overcame the problems caused by the clerk and paid two of his SLRP installments.  However, when he transferred from the ARNG to the Army Reserve (USAR), his SLRP payments stopped.  He contends that the Army was required to accept his ARNG SLRP contract when it accepted him.

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

He enlisted in the Army National Guard on 11 May 1989 for 1 year with 2 years of prior reserve component service and 4 years of prior active duty.  He extended his enlistment for 5 years, 5 months, and 2 days on 13 October 1990.  He executed an SLRP addendum on 11 May 1991.  His extension contract has entered that the purpose for his extension was to qualify for the Montgomery G.I. Bill (MGIB).  He was separated from the ARNG and transferred to the USAR Control Group on 6 December 1993.  He was assigned from the USAR Control Group to a USAR unit located in Missouri on 20 December 1993.

Army Regulation 135-7 provides guidance on the SLRP.  The SLRP is an educational program administered by the Department of the Army for reservists who execute an SLRP addendum when they enlist, reenlist or extend their enlistments in the selected reserve (USAR unit or individual mobilization augmentee) for 3 or more years.  The SLRP pays 15 percent of the original balance of the loan plus accrued interest not paid by the Department of Education, or $500.00 plus the occurred interest not paid by the Department of Education, whichever is greater, for each year of satisfactory service in the selected reserve.  Payments are made on the anniversary date of the soldier’s reenlistment or extension in the selected reserve that qualified him or her for the SLRP, and the payment will not be made unless the soldier satisfactorily performed in his or her selected reserve assignment during that year.  Benefits are terminated if the soldier is transferred to the USAR Control Group (IRR) and, once terminated, cannot be regained until the soldier again reenlists or extends his or her enlistment.  In addition, SLRP payments may only be made to lending institutions that made the student loans.  The Army will not pay off defaulted student loans or reimburse a soldier or an alternate lending institution for student loans that have been paid in full.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  The applicant was never eligible to receive SLRP benefits because he did not execute the SLRP addendum at the time of his extension.  The fact that the ARNG opted to pay the applicant two anniversary payments has no bearing on the legality of his SLRP addendum.

2.  Even if he had been eligible for SLRP benefits, he would have terminated his eligibility when he transferred to the USAR Control Group.

3.  The applicant has not provided any reason why the Board should grant his request in light of his initial ineligibility to receive the SLRP, and his termination of benefits.

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

__jhl ____  ___dph __  ___gdp__  DENY APPLICATION

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

INDEX

CASE ID	AR2000046133	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010208	
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.	128.05	
2.		
3.		
4.		
5.		
6.