PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           6 August 2002                   
	DOCKET NUMBER:   AR2002072862

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Ms. Paula Mokulis		Member	
	Mr. Donald P. Hupman		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 military records be corrected to show that he executed a Student Loan Repayment Program (SLRP) addendum at the time of his reenlistment in the US Army Reserve (USAR).

3.  The applicant states, in effect, that he believed that he was reenlisting for the SLRP.  His military occupational specialty (MOS) was on the list of skills approved for that incentive, and he had student loans which were a year old.  Since his intent to reenlist for the SLRP was known to the official processing his reenlistment, he assumed that all the appropriate forms to qualify for this incentive were executed at the time of his reenlistment.  It was only after he submitted his student loans for payment under the SLRP did he learn that the official processing his reenlistment omitted the SLRP addendum.

4.  The applicant’s military records show that he reenlisted in the USAR for 6 years for continued assignment to his troop program unit on 7 December 1997.  He was in pay grade E-5 at that time.  He did not complete a SLRP addendum in conjunction with that reenlistment.

5.  On 9 September 2000, the applicant submitted a request for authority to execute an SLRP addendum to go with his 7 December 1997 reenlistment.  In that request he stated that he believed that he had completed all the necessary paperwork to be eligible for the SLRP.  He explained that after his student loans became eligible for payment, he submitted them under the SLRP, only to be told that he had not completed an SLRP addendum.

6.  On 8 June 2001, the division retention officer endorsed the applicant’s request, stating that the applicant reenlisted believing that the SLRP was included in his contract.  The division retention officer added that “This appears to be an administrative error and warrants an exception to policy.”

7.  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 loan amount to be repaid is 15 percent of the original balance of the loan plus accrued interest not paid by the Department of Education, or $500.00 plus the accrued interest not paid by the Department of the Education, whichever is greater.  Payments will be made for each year of satisfactory service in the 

Selected Reserve.  The maximum amount of loans against which the 15 percent is computed will not exceed $10,000.  This equates to a maximum annual repayment of $1,500 plus interest.  If the amount set for repayment is less than $500.00, then $500.00 becomes the calculated amount for repayment that year.  To be eligible for the SLRP incentive, a person must contractually obligate himself to serve satisfactorily, must serve in the Selected Reserve for a full term of the contractual agreement and must further obligate himself to continue to serve in the same component and the same MOS unless excused for the convenience of the Government.  Entitlement to the SLRP will stop if the soldier contracted for an MOS authorized by Department of the Army for SLRP entitlement and moves to an ineligible MOS, or is reclassified, unless at the express direction of the Department of the Army.  A soldier will not be eligible for any initial or subsequent loan repayments until he or she has completed IADT, is MOS qualified, and has been awarded a high school diploma.  Each complete satisfactory year of service performed under this SLRP agreement establishes an anniversary date.  As with the bonus incentive the SLRP is tied to service in a valid position vacancy.  By law (title 10, U.S. Code, section 2171), the Government cannot reimburse a soldier if he or she pays off a student loan.  The Government can only pay the lending institution.

CONCLUSIONS:

1.  The fact that the applicant submitted his loans for payment under the SLRP lends credibility to his contention that he thought that he had completed all the necessary forms for the SLRP.  Therefore, the Board concludes that the applicant was entitled to the SLRP educational enlistment incentive and did not complete the required addendum due to an administrative error.

2.  As such, it would be appropriate to correct his records to add the SLRP addendum.

3.  In view of the foregoing, it would be in the interest of justice to correct the applicant's records as recommended below. 

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned completed a SLRP addendum when he reenlisted on 7 December 1997.

BOARD VOTE:  

__lls____  ___pm___  ____dph_  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__________Luther L. Santiful_________
		        CHAIRPERSON

INDEX

CASE ID	AR2002072862	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020806	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	128.00	
2.		
3.		
4.		
5.		
6.