PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  25 July 2000
	DOCKET NUMBER:  AR1999034109

	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. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Mr. Ted S. Kanamine		Chairperson	
	Mr. John H. Kern		Member	
	Mr. Stanley Kelley		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 an exception to policy for payment of the Student Loan Repayment Program (SLRP) enlistment incentive promised him on his enlistment contract.

3.  The applicant states he enlisted under the promise of receiving the SLRP incentive in the amount of $20,000.  When he applied for the SLRP payments, the request was returned without action because his MOS was not on the eligibility list.  He wants to receive the SLRP authorized him as he was promised by his recruiter.

4.  The applicant’s military records show that he enlisted in the Army Reserve on 26 December 1996 for the MOS 91B10, Medical Specialist, with immediate advancement to E-3 under the Army Civilian Acquired Skills Program (ACASP).  He enlisted for an 8 year term of service.  His DD Form 1966/2, Record of Military Processing, shows that he was enlisted for three incentives: the GI Bill, the SRIP for $5,000, and the SLRP for $20,000.  The processing form was witnessed by a Sergeant First Class and certified by the recruiter, another Sergeant First Class.  The applicant’s DA Form 5261-4-R, SLRP Addendum, was completed to show that the applicant was authorized the $20,000 SLRP, but the same recruiter that certified the applicant’s DD Form 1966/2, failed to sign the 
DA Form 5261-4-R.

5.  The applicant submitted his request for payment on his student loans under the SLRP.  The SLRP Team at Fort McCoy responded with a 24 April 1998 letter informing the applicant that his MOS, 91B10, was not qualified for the SLRP.  The applicant appealed to his command, the 63rd Army Reserve Support Command, to the Retention Office, and the Inspector General, but without success.  He appealed to his Representative in Congress for help and was referred to this Board.

CONCLUSIONS:

1.  The applicant enlisted in good faith for the SLRP which was promised him on his enlistment papers as an incentive for enlisting in the Army Reserve in the MOS 91B10.  This incentive was recorded on his Record of Military Processing, 
DD Form 1966/2, witnessed by a senior NCO and certified by his recruiter, another senior NCO.  The failure of the recruiter and Military Entrance Processing Station personnel to see that the SLRP Addendum was properly signed should not be reason to deny the applicant the SLRP incentive.  The recruiter’s error of approving the MOS 91B10 for the SLRP when it was not authorized for such, is not the error of the applicant.  As an exception, the applicant should be authorized to receive the SLRP incentive as he was promised on his enlistment documents.

2.  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 for the individual concerned, as an exception, by showing that he is authorized to receive SLRP benefits in the amount of $20,000, according to his SLRP Addendum, for enlisting in the MOS 91B10 effective the date of his enlistment, 26 December 1996, with the first payment to be issued as of 26 December 1997.

(Note:  It is necessary for the applicant to resubmit his request for payment of his incentive to the SLRP Team at Fort McCoy along with a copy of this Board action.)

BOARD VOTE:  

__tk___  ___jk___  ___sk___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Ted S. Kanamine____
		        CHAIRPERSON

INDEX

CASE ID	AR1999034109	
SUFFIX		
RECON		
DATE BOARDED	20000725	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  112.12	Loan Repayment	
2.		
3.		
4.		
5.		
6.