MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:          25 June 2002                   
	DOCKET NUMBER:  AR2002067902

	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. Carl W. S. Chun		Director	
	Mr. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Elzey J. Arledge, Jr.		Member	
	Mr. Thomas Lanyi		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 her records be corrected to show that she was eligible for the Student Loan Repayment Program (SLRP).

APPLICANT STATES:  She was told at the time of her enlistment that she was eligible for the SLRP.

In support of her request she submits a copy of her DD Form 4, Enlistment/Reenlistment Document Armed Forces of the United States, which shows that she enlisted with no prior service in pay grade E-2 on 18 March 1994.  Also submitted by the applicant is a DA Form 5261-R, Selected Reserve Incentive Program – Enlistment Bonus Addendum, for a $2,000.00 enlistment bonus.  The applicant entered 18 March 1994 as the date that she signed that form.  An individual other than her guidance counselor entered 12 September 1994 as the date that he signed for her guidance counselor.  The applicant also submits a DA Form 5261-4-R, Student Loan Repayment Program Addendum, for up to $10,000.00 in student loan repayment.  Both the applicant and guidance counselor entered 18 March 1994 as the date they signed this form.  However, the applicant’s guidance counselor’s signature on that form is different than his signature on the applicant’s DD Form 4.
 
EVIDENCE OF RECORD:  The applicant's military records could not be located.  The following information is taken from documents provided by the applicant, herself.

On 1 October 1999, the applicant’s commander submitted a request for exception to policy to pay the applicant the SLRP.  On 5 November 2001, the Office of the Chief, Army Reserve (OCAR) denied that request, stating that the applicant’s military occupational specialty was not on the list of those approved for any reenlistment incentives.  The OCAR also noted that the applicant’s DA Form 5261-4-R contained two dates and stated that the addendum “appears to have been completed after the contract date.”

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.  The applicant’s MOS was not a skill approved for the SLRP.  As such, she is not entitled to have her loans paid under that program.

2.  While it is unfortunate she was led to believe she qualified for the SLRP, to grant the applicant’s request would be giving her a benefit not available to other reservists with non-qualifying MOS’s who were properly not given a SLRP addendum during their enlistments.

3.  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

___JNS__  ____EJA_  __TL____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2002067902	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020625	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	128.00	
2.		
3.		
4.		
5.		
6.