MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            29 September 1999 
	DOCKET NUMBER:    AR1999014569

	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. Loren G. Harrell		Director	
	Mr. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Ms. Meta Waller		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 student loans be paid under the provisions of the Student Loan Repayment Program (SLRP) addendum he signed when he enlisted.

APPLICANT STATES:  That his recruiter made a mistake when he enlisted.  His military occupational specialty (MOS) was not approved for the SLRP.  He contends that a contract is a contract and since he lived up to his end of that contract, the Army is obligated to live up to its end.

EVIDENCE OF RECORD:  The applicant's military records show:

On 27 July 1995 he enlisted in the USAR for assignment to a troop program unit (TPU).  At that time he signed an addendum to his enlistment for up to $20,000.00 in student loan repayment under the SLRP.

Army Regulation 135-7, Incentive Programs, chapter 5.1, Student Loan Repayment Program, restricts the SLRP to those reservists who either enlist or reenlist for a skill or unit approved by the Department.  This educational incentive may only be elected at the time of enlistment or reenlistment.  This incentive pays a limited sum of money to a lending institution on the anniversary date of an enlistment or reenlistment.  These payments continue on a yearly basis unless the soldier loses eligibility by being separated from his or her unit.

Enlistment incentives such as the SLRP are offered to those enlisting for specified units or MOSs.  The objective of the incentives are to increase the number of enlistments in units and MOSs that are critical and have inadequate first-term manning levels.  Twice yearly, the Department will analyze manpower requirements and recruiting objectives to ensure that the incentive programs supports planned goals.  Additions to and deletions from the list of bonus units and MOSs will be made as necessary to support planned goals.

Army Regulation 135-178 sets forth the basic authority for the separation of reserve enlisted personnel.  Chapter 9 provides for individuals who were promised a benefit in conjunction with their enlistment or reenlistment which the Army cannot honor.  These individuals have the option of either requesting immediate discharge or waiving the benefit and remaining in the USAR.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  Since the applicant was erroneously offered the SLRP, he had the option of being discharged or to remain in the USAR without that incentive.  He obviously opted to remain assigned to the USAR.
2.  While it is regrettable that he was erroneously offered the SLRP, if he had opted to be discharged he could have immediately enlisted for an MOS which would have qualified for the SLRP.

3.  It was the intent of Congress for the Army to use the money it allocated for the SLRP to induce soldiers to enlist in critical units or MOSs.  To use that money in a manner inconsistent with that intent would not be appropriate.

4.  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

_fne ____  _tap_____  __mw___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999014569	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990929	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	 DENY	
REVIEW AUTHORITY		
ISSUES         1.	128.05	
2.		
3.		
4.		
5.		
6.