MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:    

	BOARD DATE:           9 July 2002 
	DOCKET NUMBER:   AR2002068822

	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. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Mr. Thomas B. Redfern		Member	
	Mr. Roger W. Able		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 he was unaware of the SLRP at the time he enlisted.  He later learned that he qualified for the program.  If he had been aware of the SLRP at the time of enlistment, he would have elected to enroll. 

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

The applicant enlisted in the Ohio Army National Guard on 21 October 1999 for a period of eight years.  The SLRP is not reflected as an enlistment option.

On 27 September 2001, the applicant's company commander submitted a request for an exception to policy to allow the applicant to enroll in the SLRP.

The State of Ohio, Adjutant General denied the request for an exception to policy to enroll the applicant in the SLRP post enlistment.  They opined that bonus eligibility is established at the time of enlistment by completing a bonus contract and receiving a bonus control number from the Incentive Manager.  In the applicant's case, bonus eligibility was not established and cannot be established after the fact.  The applicant's options were to remain in the Ohio Army National Guard (ARNG) without the SLRP until his current scheduled end of term of service or request discharge due to an erroneous enlistment, or appeal to this Board for relief.

National Guard Regulation 600-7, Selected Reserve Incentive Programs, provides in pertinent part, that incentives are designed as extraordinary measures to assist the ARNG in meeting and sustaining manpower requirements.

The same regulation provides that the SLRP provides for the repayment by the Government of a designated portion of any outstanding student loan(s) secured after 1 October 1975.

The same regulation provides that effective 1 October 1998 the SLRP is offered, for the initial contract period only, to a non-prior service applicant that completes a SLRP Addendum  (National Guard Bureau Form 600-7-5-R-E) as part of the enlistment contract at time of enlistment.  

Army Regulation 135-178, Enlisted Separations,  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.  The regulation governing the SLRP directs that it is offered only at the time of enlistment.  The applicant states it was not offered at the time of his enlistment, but he only learned of the program subsequent to enlistment.  Based on this scenario, no error or injustice has occurred.  There is no expectation for an enlistee to have knowledge of every enlistment incentive program such as the SLRP.  There also is no regulatory basis that obligates a recruiter to inform a potential enlistee of every incentive program for which they might qualify.  The purpose of incentives is to induce enlistments.  They are not entitlements.  The fact that the applicant enlisted without the SLRP incentive is evidence it was not necessary for the SLRP to be offered to him to gain his enlistment.  No error was made when the applicant was not told he qualified for the SLRP enlistment incentive.

2.  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.

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

__jhl ____  ___tbr___  ___rwa _  DENY APPLICATION

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

INDEX

CASE ID	AR2002068822	
SUFFIX		
RECON		
DATE BOARDED	20020709	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	Deny	
REVIEW AUTHORITY		
ISSUES         1.	128.05	
2.		
3.		
4.		
5.		
6.