MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           19 March 2002                   
	DOCKET NUMBER:   AR2001060504

	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. Shirley L. Powell		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. Elzey J. Arledge, 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 his student loans be paid under the provisions of the Student Loan Repayment Program (SLRP) addendum he executed with his reenlistment in May 1992.

APPLICANT STATES:  That his unit administrator used the Army Regulation dated December 1991 when he prepared his SLRP addendum.  The applicant states that he did not discover that he was offered the SLRP in error until 24 December 1998.  In a supplemental statement to the Board, the applicant explains that he initially enlisted for the $10,000 SLRP in 1986.  When he reenlisted in May 1992, he executed an SLRP for an additional $10,000.  Neither he nor his unit administrator knew that the regulation had changed to put a lifetime cap on the amount of SLRP a reservist could receive.  

In support of his request he submits a letter from his unit’s former retention noncommissioned officer and from the officer who administered the oath of reenlistment to the applicant.  Both those individuals state that they believed that the applicant was entitled to a $20,000 SLRP at the time he reenlisted.

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

That he reenlisted in the Army Reserve for six years in pay grade E-4 for continued assignment to his Troop Program Unit on 16 May 1992.  In conjunction with that reenlistment he completed a $2,500 bonus addendum, and a $20,000 SLRP addendum.

On 16 December 1998 the US Army Reserve Command (USARC) responded to the applicant’s elected representative’s inquiry on why the applicant’s loans weren’t being paid in accordance with his SLRP addendum.  In that response the USARC stated that the applicant’s military occupational specialty (MOS) had not been designated as critical at the time of his reenlistment.  Therefore, his MOS was only authorized a $10,000 SLRP.

On 21 October 1999 the USARC again responded to an inquiry made by an elected representative into the applicant’s SLRP.  In that response the USARC reiterated that the applicant’s MOS was not eligible for the $20,000 SLRP, and added that the regulation which governs the SLRP limits the amount of SLRP a reservist can receive during his or her career as the amount to which he or she 

initially contracts to receive.  The USARC explains that if a reservist initially contracts for a $10,000 SLRP, he or she cannot later reenlist for a $20,000 SLRP.

At the time the applicant submitted his request to the Board he was serving in the USAR in pay grade E-5.

Army Regulation 135-7, Incentive Programs, chapter 5.1, Student Loan Repayment Program, restricts the SLRP to those reservists who either enlist or reenlist for a skill or unit approved by the Department.  This educational incentive may only be elected at the time of enlistment or reenlistment.  This incentive pays a limited sum of money towards the outstanding balance of qualifying student loans to a lending institution on the anniversary date of an enlistment or reenlistment.  These payments continue on a yearly basis unless the soldier loses eligibility by being separated from his or her unit.

Paragraph 5.1-10 of this regulation states that effective 1 January 1992, once a reservist has executed a SLRP addendum, that addendum remains in effect until the soldier either reaches his or her entitlement limit ($10,000 or $20,000) or is separated from the USAR.  In other words, the reservist does not have to use the entire amount during a single enlistment.  However, this limits the reservist to the amount of SLRP he or she initially contracts to receive.  In other words, a reservist who initially executes a $10,000 SLRP addendum cannot execute a $20,000 addendum when he or she reenlists.

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’s MOS was not a skill approved for the $20,000 SLRP.  As such, he is not entitled to the higher SLRP amount.

2.  In addition, since the applicant originally enlisted for the $10,000 SLRP, he could not reenlist for the $20,000 SLRP.

3.  While not a matter of record, it would appear likely that any student loans which existed at the time of the applicant’s reenlistment would either be paid by the applicant or in default by now.  Since the SLRP is limited to outstanding student loans, the Army cannot pay loans which are paid off by the individual or in default.

4.  While it is unfortunate that the applicant was led to believe he qualified for the $20,000 SLRP, the Board notes that he did receive $10,000 in SLRP from his original enlistment, and he received a $2,500 cash bonus for his reenlistment.

5.  To grant the applicant’s request would be giving him a benefit not available to other reservists who were processed in accordance with the applicable laws and regulations in effect at that time.

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

___sk ___  ___sep__  ___eja___  DENY APPLICATION

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

INDEX

CASE ID	AR2001060504	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020319	
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.