MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            21 August 2001
	DOCKET NUMBER:   AR2000050415

	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	
	Ms. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. John H. Kern		Chairperson	
	Mr. Thomas Lanyi		Member	
	Ms. Paula Mokulis		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 outstanding student loan be repaid in accordance with the Student Loan Repayment Program (SLRP).  

APPLICANT STATES:  In letters to the Board dated 31 August 1999 and 3 December 2000, that he joined the Reserve Officer Training Corps (ROTC) 5 months after the law changed and denied Cadets an opportunity to participate in the SLRP.  He adds that prior to making a ROTC commitment, he was told that his SLRP payments would not be affected.  Soon after he entered the ROTC program, he withdrew due to personal reasons.  Later he returned to the Army as a commissioned officer (direct commission in the US Army Reserve).  In support of his request, he submits promissory notes for a Federal Stafford Loan, dated 16 March 1994 and 20 June 1995; a DD Form 2475 (DOD Educational SLRP Annual Application), dated 5 March 1999; a notice of indebtedness, dated 5 May 1999; a DD Form XX2 (Application-DOD Civilian Employees, Reserve, National Guard, and Former Military Members), dated 25 June 1999; a letter dated 28 June 1999; a DD Form 139, dated 8 September 1999; a waiver of indebtedness for $1,850.30 from the Defense Finance and Accounting Service, Denver, Colorado, dated 8 September 1999; memoranda from Headquarters, Fort McCoy, Wisconsin, dated 3 May 1999; a letter dated 28 March 1996; letters from USA Group Loan Services, dated 1 November 1996 and 1 December 1998, 14 July 1999, 14 August 1999, and 24 August 1999; and an undated statement that shows he estimates the total payments due from SLRP equals $7,000.

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

He enlisted in the Army National Guard (ARNG) on 3 July 1991.  On 24 August 1992, he authenticated a Student Loan Repayment Agreement-Army National Guard, in which he acknowledged he was currently a member of the Selected Reserve of the Army and that he was reenlisting for a period of 5 years. He also acknowledge that he understood the provisions of Section V-Termination, Item 16d, which states that entitlement to SLRP will be terminated if an individual is separated from the Selected Reserve of the Army as an enlisted person for any reason.

On 16 April 1993, he enlisted in the US Army Reserve (USAR).  On unknown dates, he submitted two promissory notes, dated 19 March and 31 August 1993 and totaling $4,000.00, and one promissory note for $5,500.00, dated 16 August 1994, for payment under the SLRP.   He also enlisted in the ROTC and he served as a ROTC cadet for a very short period of time; the exact dates are unknown.  

The applicant completed a DD Form 2475, dated 5 March 1999, and attached a promissory note, dated 16 March 1994, that shows he applied to have his Stafford Loan with Bank One Educational Finance Group, repaid under the SLRP.  The original balance on this loan equaled $5,500 and the total outstanding balance equaled $5,938.65. 

On 3 May 1999, Headquarters, Fort McCoy notified him that his SLRP payment request was being returned without action.  Additionally, the letter stated that in accordance with the 28 February 1992, Change 1 to Update 23, Army Regulation 135-7 (Incentive Programs), if a soldier enrolled as a cadet in an officer training program, SLRP incentives were terminated.  Had he remained eligible to participate in the SLRP, his anniversary date would have been 24 August 1995 and his dates of entitlement would have been from 24 August 1994-23 August 1995.  In 1995, after he contracted with the ROTC, $1,850.30 was erroneously paid towards these student loans under the provisions of the SLRP, therefore, he was in debt to the government for that amount. 

On 25 June 1999, the applicant requested that the $1,850.30 erroneous payment towards his student loans in 1995 be waived.  On 8 September 1999, the applicant's request for a waiver was approved.

The applicant is currently serving as a USAR officer in California.

The letters that the applicant submitted that he received from USA Group Loan Services, Incorporated shows he has two outstanding Stafford Loans with that service.  The original loan amounts were $5,500 each, the disbursement dates were 28 July 1994 and 28 September 1995.  The payoff amount with interest for each loan is $6,086.79.  The promissory notes are not available and there is no evidence that they were submitted for payment under the SLRP.

Army Regulation 135-7, Change 1 prescribes policies and procedures for the administration of the ARNG and the USAR incentive programs.  This regulation provides that entitlement to the SLRP will stop if the soldier is enrolled as a cadet in an officer training program.

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.  The applicant first elected to participate in the SLRP on 24 August 1992.  He was still entitled to participate in the SLRP when he separated from the ARNG and enlisted in the USAR in April 1993.  However, he became ineligible for the SLRP when he was discharged from the USAR to participate in the ROTC.  

3.  Army Regulation 135-7 was revised in February 1992 at which time cadets became ineligible to participate in the SLRP.  The applicant didn't even enroll in the SLRP until 24 August 1992, and didn't enroll in the ROTC until sometime after April 1993.

4.  When he elected to participate in the SLRP, he acknowledged in writing that he understood that his entitlement to the SLRP would be terminated if he were separated from the Selected Reserve of the Army as an enlisted person. He has provided no evidence to the contrary and has established no foundation for his request that his loan to be repaid under the provisions of the SLRP. 

5.  Additionally, he has failed to prove that he was misled or that the facts concerning SLRP participation were misrepresented at anytime during the recruitment/enlistment process or during the time that he signed his contract to participate in the ROTC.

6.  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

__JHK __  __TL____  __PM___  DENY APPLICATION

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

INDEX

CASE ID	AR1999031140	
SUFFIX		
RECON	 	
DATE BOARDED	20010823	
TYPE OF DISCHARGE	N/A	
DATE OF DISCHARGE	N/A	
DISCHARGE AUTHORITY	N/A	
DISCHARGE REASON	N/A	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	128.0500	
2.		
3.		
4.		
5.		
6.