MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           19 June 2003                  
	DOCKET NUMBER:   AR2002082445

	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	
	Ms. Lana E. McGlynn		Member	
	Mr. William D. Powers		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 she be given $20,000.00 in Student Loan Repayment Program (SLRP) entitlements.

APPLICANT STATES:  That she was promised the $20,000.00 SLRP and completed an SLRP addendum for that amount.  She then chronicles her military history, how she took courses to enhance her worth to the Army, and how her request for an exception to policy to be paid the $20,000.00 SLRP was denied even after the Office of the Chief, Army Reserve (OCAR) recommended approval of her request.

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

She enlisted in the Regular Army on 24 March 1988, and was awarded the military occupational specialty (MOS) of medical laboratory specialist with the identifier for cytology (a branch of biology dealing with the structure, function, multiplication, pathology, and life history of cells).  She was promoted to pay grade E-6 and was honorably released from active duty at the expiration of her term of service on 27 February 1998.

On 30 November 2000, she immediately reenlisted for the US Army Reserve (USAR) Control Group, Individual Mobilization Augmentee (IMA) (a reservist who performs two weeks of annual training a year, but does not attend monthly unit training assemblies).  In conjunction with her reenlistment, she executed a $20,000.00 SLRP addendum and a $5,000.00 cash bonus addendum.

The OCAR, in an undated memorandum, recommended approval of the applicant’s request to be paid the $20,000.00 SLRP she contracted to receive.

On 3 July 2002, the Deputy Chief of Staff, G1, denied the applicant’s request for an exception to policy.  In that denial, the G1 directed that the applicant be given the option of remaining in the USAR with the $10,000.00 SLRP her MOS was authorized, or being discharged due to defective enlistment.

The SLRP provides for the repayment by the Government of a designated portion of any outstanding student loan(s) secured after 1 October 1975.  The loan amount to be repaid is 15 percent of the original balance of the loan plus accrued interest not paid by the Department of Education, or $500.00 plus the accrued interest not paid by the Department of the Education, whichever is greater.  Payments will be made for each year of satisfactory service in the Selected Reserve.  To be eligible for the SLRP incentive, a person must contractually obligate himself or herself to serve satisfactorily in a unit or MOS 

which has been approved by the Department as SLRP eligible, must serve in a reserve unit for a full term of the contractual agreement and must further obligate himself or herself to continue to serve in the same component and the same MOS unless excused for the convenience of the Government.  Entitlement to the SLRP will stop if the soldier is separated from his or her unit.  Each complete satisfactory year of service performed under this SLRP agreement establishes an anniversary date.  Any qualifying loan which is at least a year old may then be paid in accordance with the terms of this educational enlistment incentive.  The Government will not reimburse a soldier if he or she pays off a student loan.  The Government will only pay the lending institution.  The SLRP is for $10,000.00 except for a few hard to fill MOS’s, which are authorized $20,000.00.

Army Regulation 135-178 sets forth the basic authority for the separation of USAR enlisted personnel.  Chapter 9 (Defective Enlistment) provides guidance on individuals who were promised a benefit in conjunction with their enlistment or reenlistment which the Army cannot honor.  These individuals are to be given 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 authorized a $10,000.00 SLRP, not a $20,000.00 SLRP.

2.  While an error was undoubtedly made on her SLRP addendum, she was offered the choice of requesting discharge, the only remedy prescribed by regulation (other than relief by this Board).  She opted to remain in the USAR with the lesser $10,000.00 SLRP amount.

3.  It would not be fair or equitable to give the applicant double the SLRP amount given to other soldiers who have the same MOS as she has, due solely to an administrative error.

4.  The applicant has been given a $10,000.00 SLRP and a $5,000.00 cash bonus for a 6-year reenlistment in which she performs two-weeks of active duty a year.  The Board does not believe it is in the interest of justice to increase her incentives from $15,000.00 to $25,000.00.

5.  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 ___  ____wdp_  ___lem__  DENY APPLICATION

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

INDEX

CASE ID	AR2002082445	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030619	
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.	128.05	
2.		
3.		
4.		
5.		
6.