PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           17 October 2002                   
	DOCKET NUMBER:   AR2002074301

	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:

	Ms. Joann H. Langston		Chairperson	
	Ms. Margaret V. Thompson		Member	
	Mr. Richard T. Dunbar		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 under the Student Loan Repayment Program (SLRP).  

3.  The applicant states that the Board’s previous correction of his reenlistment date did not result in his student loans being paid under the SLRP.

4.  The applicant’s military records show that, on 1 March 2000, the Board corrected his military records to show that he reenlisted in the USAR on 20 February 1999 instead of 29 September 1999.  The error, which was corrected, was caused by calculating the applicant's Reserve obligation termination date based on the date he entered on active duty, instead of his enlistment in the Army Reserve Delayed Entry Program (DEP).

5.  On 7 February 2002, the Defense Finance and Accounting Service (DFAS) informed the US Army Reserve Command that since the Board only approved changing the applicant's date of reenlistment, it could not pay his loans under the SLRP.

CONCLUSIONS:

1.  At the time of the Board’s 1 March 2000 decision in this case, it was the intent of the Board to make the applicant’s record as administratively correct as it should properly have been at the time he reenlisted.  The Board had intended for the applicant’s reenlistment contract, including addenda, to be corrected to show that they were signed on 20 February 1999.

2.  In view of the foregoing findings and conclusions, it would be appropriate 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:

	a.  correcting all the addenda to the DD Form 4 the individual concerned signed on 29 September 1999, including his DA Form 5261-4-R, Student Loan Repayment Program Addendum, to show that he signed those forms on 20 February 1999; and

	b.  paying his student loans in accordance with the terms of the corrected DA Form 5261-4-R.

BOARD VOTE:  

___rtd___  ___mvt__  ____jhl__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_________Joann H. Langston_____
		        CHAIRPERSON

INDEX

CASE ID	AR2002074301	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20021017	
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.	128.05	
2.		
3.		
4.		
5.		
6.