PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            23 February 2000                  
	DOCKET NUMBER:   AR1999033346

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Ms. Elizabeth Buchannon		Member	
	Mr. Raymond J. Wagner		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 Loan Repayment Program (SLRP) enlistment incentive be honored.

3.  The applicant states that the SLRP was the key incentive which induced him to enlist.  He has honored his part of the enlistment contract and is asking for the Army to honor its part in the form of the SLRP.

4.  The applicant’s military records show that he enlisted in the USAR with no prior service on 23 January 1996.  At that time he completed a $3,000.00 bonus addendum and an SLRP addendum.  In the applicant’s contract it was stated “Per phone conversation with [Recruiting Brigade, Recruiting Command had] confirmed that because 74B MOS is a combination of the old 74D and 74F, both bonus MOS’s, 74B is a bonus MOS and SLRP is authorized per [a Recruiting Command message].”

5.  On 10 September 1999 DA DCSPER denied a request for an exception to policy to pay the applicant’s loans under the SLRP, stating that it did not have that authority and recommended the applicant petition this Board.

CONCLUSIONS:

1.  It is an injustice to promise a potential enlistee an incentive, have that person enlist based on that incentive, and then deny him that incentive.

2.  It is evident from the evidence of record that the applicant was promised, in writing, the SLRP due to miscommunication within recruiting command.

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:

	a.  showing that as an exception to policy in this case only the MOS of the individual concerned, 74B, was authorized $10,000.00 SLRP at the time of his enlistment; and

	b.  paying to him the anniversary payments he would have received if his MOS had been approved for the SLRP.

BOARD VOTE:  

_rvo____  _eb _____  _rjw_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Raymond V. O'Connor, Jr.___
		        CHAIRPERSON

INDEX

CASE ID	AR199903346	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000223	
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.