APPLICANT REQUESTS:  That her educational loans be paid under the provisions of the Student Loan Repayment Program (SLRP) addendum she executed with her reenlistment contract.

APPLICANT STATES:  That she reenlisted to establish eligibility for the Montgomery G.I. Bill (MGIB), and executed a SLRP addendum in conjunction with that contract.  The fact that an administrative error was made on the contract is not her fault and her loans should be paid in accordance with a SLRP addendum signed by an agent of the Government.

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

She enlisted in the Regular Army for 6 years on 30 January 1980 for 3 years in pay grade E-1.  At the time of her enlistment she was administered the Army Forces Qualification Test (AFQT), on which she scored 19 percentile.  She was awarded the military occupational specialty of petroleum supply specialist and was promoted to pay grade E-4.  She was honorably released from active duty and transferred to the USAR Control Group on 30 November 1981 by reason of pregnancy.  

On 1 November 1983 she accepted an assignment to a USAR unit as a clerk typist.  She remained assigned to that unit, was promoted to pay grade E-5, and reenlisted for 6 years on 10 September 1985, giving her an expiration of her term of service (ETS) of 9 September 1991.  On 18 October 1990 she reenlisted for 6 years.  In conjunction with that contract she executed a DA Form 5261-4-R, SLRP Addendum.

Army Regulation 135-7, Incentive Programs, chapter 5.1, Student Loan Repayment Program, restricts the SLRP to those reservists who either enlist or reenlist and who are classified in Mental Category I, II, or IIIA (AFQT score of 50 or higher).  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.

In the processing of this case an advisory opinion (COPY ATTACHED) was obtained from the Chief, Army Reserve (CAR).  The CAR stated that since the applicant had not previously had eligibility established for the MGIB, she was eligible to reenlist at anytime for that option.  However, since her reenlistment contract cites an incorrect authority for an MGIB reenlistment, her reenlistment is considered erroneous since it was executed prior to the 90-day reenlistment window.  The CAR recommends that the Board correct the authority for the applicant’s reenlistment and authorize her payment of her student loans under the SLRP.

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

1.  The applicant was not eligible for the SLRP with an AFQT score of 19 percentile.  As such, issues concerning whether the applicant reenlisted within the 90 day reenlistment window or whether the proper authority was cited on her reenlistment contract are immaterial.

2.  While it is unfortunate that the applicant was led to believe that she would receive benefits under the SLRP, the fact remains that she was not entitled to that benefit.  To give her the SLRP would be giving her a benefit not given to other soldiers in like circumstances.

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

                       DENY APPLICATION




						Karl F. Schneider
						Acting Director