MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           27 JUNE 2002                   
	DOCKET NUMBER:   AR2002070387

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Ms. Kathleen A. Newman		Member	
	Mr. Richard T. Dunbar		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:  In effect, the applicant requests that his record be corrected to show that he executed a DD Form 5261-4-R (Student Loan Repayment Program Addendum) upon his enlistment in the Army Reserve in 1992, in order for the government to pay his student loans.

APPLICANT STATES:  That he enlisted in the Army Reserve for six years in September 1992 after he was released from active duty.  The transition NCO did not add the DD Form 5261-4-R with his enlistment contract.  At that time he did not know of the [requirement to execute] the addendum, and only became aware of it when he attended school and his [request for] payment of his student loan was rejected because he did not execute the addendum. 

The applicant submits a copy of his 1992 request for Reserve Component assignment orders, statements of understanding pertaining to the Selected Reserve Montgomery GI Bill, Selected Reserve Incentive Program, statements concerning his obligation, entitlements, benefits, etc.  He also submits two copies of loan guaranty notice and disclosure statements showing money owed under the Stafford loan program.

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

The applicant enlisted in the Army for three years on 22 February 1984.  On       25 February 1992 he requested separation with entitlement to a special separation bonus (SSB).  His request was approved, and orders were published in March 1992 requiring him to report to the transition point at Fort Jackson, South Carolina for transition processing.  Those orders indicated that the applicant had been approved for SSB payment, that he was obligated to serve in the Individual Ready Reserve for three years, and that he had to report to the Reserve Component transition NCO to complete an enlistment contract.  Orders published on 17 September 1992 by Headquarters I Corps and Fort Lewis directed that he report to the transition center at that installation on 28 September 1992.  Those orders were amended to show that effective on 29 September 1992 the applicant was enlisted [in the Army Reserve] and assigned to a maintenance company at Fort Gillem, Georgia.  

The applicant was discharged from the Army on 28 September 1992 in the rank of E-4.  He received an SSB payment of over $18,000.00.  

On 29 September 1992 the applicant enlisted for six years.  Prior to his enlistment, on 24 September 1992, the applicant completed the forms described above that he submits with his application.  He initialed a block next to a statement on a page of DA Form 5692/3-R-E, which says, “I certify I have been counseled concerning my eligibility for the Student Loan Repayment Program.  I understand I will be eligible to reenlist to qualify for this program upon arrival at my unit of assignment.”   
A page from another form that he submitted with his application provides a section concerning benefits with a caution, understanding, and a certification section.  The benefits section contains a statement, “If qualified, I will be entitled to educational assistance to pursue a program of education approved by the Department of Veterans Affairs at the following rates: … .” 

Army Regulation 135-7 prescribes policies and procedures for the administration of the Army Reserve incentive programs, to include repayment of student loans.  That regulation gives guidance for the administration of the Student Loan Repayment Program (SLRP), which authorizes student loan repayment for qualified Selected Reserve enlisted personnel.  The incentive is offered to qualifying personnel on signing a contractual agreement for a specified term of service in the Selected Reserve and executing DA Form 5261-4-R.  Selection of the SLRP incentive and execution of DA Form 5261-4-R must be made by the person when he signs a Selected Reserve contractual agreement. 

DA Form 5261-4-R is a four page form whose principal purpose is to explain obligation and participation requirements for enlistment under the SLRP and to ensure that a person’s agreement to those conditions are a matter of record.  The form requires various data to be entered therein, initials of the person completing the form throughout, the signature of the person completing the form, and certification by the service representative.
  
DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The applicant himself acknowledges that he did not execute the DA Form 5261-4-R necessary to have his student loans paid by the government.  Now, some 10 years later, he states that a transition NCO was at fault for him not being aware that he had to complete the form.  There is no evidence, nor has the applicant submitted any, to show that this is so.  Consequently, the applicant’s request cannot be granted.  

2.  The applicant has submitted neither probative evidence nor a convincing argument in support of his request.   

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy that requirement.

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

__RNW__  __KAN__  __RTD __  DENY APPLICATION

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

INDEX

CASE ID	AR2002070387	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020627	
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.	102.6	
3.		
4.		
5.		
6.