MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           18 April 2002                   
	DOCKET NUMBER:   AR2001066430

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. Ronald E. Blakely		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 records be corrected to show he is eligible for the Student Loan Repayment Program (SLRP).

APPLICANT STATES:  That the SLRP was guaranteed him when he enlisted in the Illinois Army National Guard (IL ARNG).  He completed basic training and advanced individual training but when he returned from training he was told he was not eligible because he had an Armed Forces Qualification Test (AFQT) score of 40 and eligibility for the SLRP requires an AFQT of 50.  He feels the error was not his fault.  The enlistment packet was completed granting him this benefit and he has met all the requirements stated on his enlistment contract and bonus addendum. 

EVIDENCE OF RECORD:  The applicant's military records are not available.  Information contained herein was obtained from alternate sources.

The applicant enlisted in the IL ARNG on 15 August 2000 for the SLRP not to exceed $10,000.00.  On his Student Loan Repayment Program Addendum Army National Guard of the United States, NGB Form 600-7-5-R-E, section II – Eligibility, the applicant initialed that he was a non-prior service applicant and met certain requirements to receive the SLRP, including having an AFQT score of 50 or above.  At the time of his enlistment, he had two outstanding loans in the amount of $6,125.00.

The applicant completed basic training and advanced individual training.  He was notified upon his return from training that he did not meet the AFQT score requirement for eligibility for the SLRP.  On 27 September 2001, the IL ARNG submitted a request to the National Guard Bureau for an exception to policy since the applicant enlisted through an administrative error score.  The National Guard Bureau denied the request.

Army Regulation 135-7 establishes a single reference for incentives authorized within the Army National Guard and the U. S. Army Reserve (USAR).  Chapter 5 provides in pertinent part that the SLRP is authorized for nonprior service applicants who enlist with an initial Selected Reserve term of service of at least 6 years with a concurrent 8-year military service obligation of 8 years and are classified in Mental Category I, II, or IIIA (AFQT 50 or higher).

Army Regulation 135-178 establishes policies governing the administrative separation of enlisted soldiers from the Army National Guard of the United States and the USAR.  Paragraph 7-3 discusses defective enlistment or reenlistment agreements.  It states that an enlisted soldier will be discharged when a defective enlistment or reenlistment agreement exists under certain circumstances.  One circumstance is when a material misrepresentation is made by recruiting or retention personnel on which the soldier reasonably relied and thereby was induced to enlist or reenlist with a commitment for which the soldier was not qualified.

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.  A Government error was made when the applicant was told he qualified for the SLRP enlistment incentive.

2.  There is a regulatory remedy for correcting errors of this type and that is to request discharge for a defective enlistment agreement.  The applicant discovered this error early in his enlistment in the IL ARNG.  It would be appropriate at this early date to deny the relief requested and to require the applicant to apply for the relief provided for by regulation.  In the event he does not desire to do so, his lack of action would be taken as his agreement to waive that enlistment incentive.

3.  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

__fne___  __bje___  __reb___  DENY APPLICATION

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

INDEX

CASE ID	AR2002066430	
SUFFIX		
RECON		
DATE BOARDED	20020418	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	128.05	
2.		
3.		
4.		
5.		
6.