PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           11 February 2003
	DOCKET NUMBER:   AR2001080004

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumper		Chairperson	
	Ms. Regan K. Smith		Member	
	Mr. Antonio Uribe, Jr.		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his student loans be paid in accordance with the terms of his Student Loan Repayment Program (SLRP) addendum.

3.  The applicant states, in effect, the Army should honor his SLRP addendum.  He enlisted for military occupational specialty (MOS) 7lL (Administrative Specialist), and the additional skill identifier (ASI) of Postal (F5).  However his SLRP addendum incorrectly reflects the entry of 7lLP, it should have reflected 71L10F5.  This error has resulted in the denial of his SLRP entitlement.

4.  The applicant’s military records show that on 29 December 1998, he enlisted in the US Army Reserves for eight years for training in military occupational specialty (MOS) 71LP and assignment to the 329th Adjutant General Company (Postal).

5.  His DD Form 214 (Certificate of Release or Discharge From Active Duty) reflects he entered onto duty on 9 June 2000; he completed administrative specialist training in July 2000 and postal operations training in August 2000.  He was transferred to the 329th Adjutant General Company (Postal), after release from active duty for training on 29 August 2000.

6.  A DA Form 5261-4-R (SLRP-Addendum) contained in the record confirms the SLRP contractual agreement entered into by the applicant and the Army at the time of his enlistment.  It indicates he was contracting in MOS 71LP.  Section II (Instructions) of the form contains instructions and states, in pertinent part, that the service representative (recruiter) is responsible for reading and explaining the requirements outlined for receipt of the SLRP benefit. 

7.  Section V (Entitlement) indicated that the applicant understood that the SLRP applied to him in the form of a maximum repayment of $20,000 during his military career and that the amount repaid each year would not exceed 15% of the outstanding balance of his student loans.  Further, that he understood his eligibility is based on MOS 71LP.

8.  Orders in his records reflect that he was awarded the primary MOS: 71L10F5 and that on 28 August 2002 he was assigned to the 329th Adjutant General Company (Postal).

9.  Department of the Army Pamphlet 611-21 provides, in pertinent part, that the correct ASI to indicate Postal Operations is F5, that the 4th and 5th place of the MOS code indicates skill level, in the applicant's case his skill level at enlistment was 10; therefore the correct MOS code entry was 71L10F5 not 71LP.

10.  Army Regulation 135-7 provides, in pertinent part, that the SLRP is restricted 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 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.

11.  On 23 October 1998, the Office of the Chief, Army Reserve released the Fiscal Year Reserve Program Policy Letter.  Enclosed with the letter was a roster of all MOS’s that were eligible for various enlistment incentive programs.  It reflects that MOS 71L10F5 was eligible for the SLRP.

CONCLUSIONS:

1.  The evidence establishes that the applicant's SLRP addendum incorrectly reflects the entry 71LP.  The correct entry was 71L10F5.  The evidence available also establishes that at the time of the applicant’s enlistment MOS 71L10F5 qualified for the SLRP.  The applicant’s record reveals that that he has completed both 7lL and F5 training and is assigned to a postal unit.  Therefore, he is entitled to a correction of his records to show that he enlisted for and signed a SLRP addendum for MOS.

2.  In the interest of justice and equity, the Board concludes that it would be appropriate to honor the applicant’s enlistment contract and to provide him the benefits agreed to in the SLRP addendum.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that on 29 December 1998, the individual concerned enlisted for MOS 7lL10F5 with entitlement to the Student Loan Repayment Program.

BOARD VOTE:  

___sac__  ___rks___  ___au___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_________Samuel A. Crumper______
		        CHAIRPERSON

INDEX

CASE ID	AR2002080004	
SUFFIX		
RECON	2001080004	
DATE BOARDED		
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.  103.01		
2.   128.06		
3.   128.10		
4.		
5.		
6.