MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:             6 February 2001                 
	DOCKET NUMBER:    AR2000047534

	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:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Thomas Lanyi		Member	
	Mr. Walter T. Morrison		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 her loans be paid in accordance with the terms of her Student Loan Repayment Program (SLRP) addendum.

APPLICANT STATES:  She had thought she was enlisting for the SLRP when she first entered into the Army Reserve (USAR), but later discovered that the required addendum had not been completed.  When she reenlisted she was told she was eligible for the SLRP and completed the required addendum.  However, 3 years later she was told that she did not qualify for the SLRP, leaving her with $37,000.00 worth of student loans.  

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

She enlisted on 4 August 1988 with no prior service.  In conjunction with that enlistment she was given a $1,500.00 cash bonus, the Montgomery G.I. Bill, and the training of choice enlistment option.

On 9 September 1995 the applicant reenlisted.  At that time she completed an SLRP addendum.

On 27 August 1997 the applicant submitted the forms necessary to request payment under the SLRP.  Her request was denied by finance on 29 October 1997 based on the fact that her military occupational specialty (MOS) was not on the list of skills approved for the SLRP.  

Her unit then appealed the denial of the payment of her student loans.  On 17 February 1999 that appeal was denied by the Deputy Chief of Staff for Personnel (DCSPER).  The DCSPER informed her command that she now had the option of requesting discharge or remaining in her unit without the benefit of the SLRP.

The SLRP is an enlistment incentive reserved for hard to fill MOS’s which 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 if less than $500.00, then $500.00 becomes the calculated amount for repayment that year.  To be eligible for the SLRP incentive, a person must contractually obligate himself to service satisfactorily, must serve in the Selected Reserve for a full term of the contractual agreement and must further obligate himself to continue to serve in the same component and the same MOS unless excused for the convenience of the Government.  Entitlement to the SLRP will stop if the soldier contracted for an MOS authorized by Department of the Army for SLRP entitlement and moves to an ineligible MOS, or is reclassified, unless at the express direction of the Department of the Army.

Army Regulation 135-178, chapter 9, provides the authority for reservists to request immediate discharge if they are offered an enlistment incentive which cannot be fulfilled by the Army.

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 enlisted for an MOS which had not been approved for the SLRP.  As such, she is not entitled to have her student loans paid by the Army.

2.  Because recruiters and reenlistment noncommissioned officers will make mistakes, the Army provides the authority to discharge soldiers when they are promised an enlistment incentive which cannot be fulfilled by the Army.  

3.  The Board has historically made exceptions in certain cases, cases where the error was not discovered until well into the soldier’s enlistment.  While there is a lengthy period of time between the date of the applicant’s enlistment and the date she learned that she was ineligible for the SLRP, she was told within 2 months of her SLRP loan submission that an error had been made, that she was not eligible for the SLRP.  Since the Army has no control over when a soldier opts to use the SLRP, the Board must consider timeliness of notification of error as the amount of time it took the Army to inform the soldier after the soldier submits his or her loans for payment.

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:

_rvo____  ___tl   ___  ___wtm _  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

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

INDEX

CASE ID	AR	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010206	
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.		
2.		
3.		
4.		
5.		
6.