APPLICANT REQUESTS: In effect, that his records be corrected to show that he enlisted directly for a position in a USAR unit from his ARNG unit.
APPLICANT STATES: That when he was a member of an ARNG unit and was being processed for enlistment in a USAR unit, he was told by his recruiter that he could either enlist directly into the USAR unit, which would require that he be processed through the local Military Entrance Processing Station (MEPS), or he could transfer from his ARNG unit to the USAR Control Group (Reinforcement) (also known as the Individual Ready Reserve or IRR), and then be transferred to the USAR unit, which would not require his being processed at the MEPS. The applicant states that he knew that his transfer to the IRR would terminate his enlistment bonus, but he was not aware that it would also terminate his Montgomery G.I. Bill and Student Loan Repayment Program (SLRP). He contends that he would not have chosen transfer to the IRR if he had known the facts, but his recruiter was unaware of the regulations governing the transfer of unit members to the IRR. The applicant has since had his MGIB reinstated but has been unable to have his SLRP reinstated.
In support of his application he submits a letter from an Army inspector general in which it is stated that his investigation showed that the SLRP addendum the applicant signed when he enlisted in the ARNG contained the statement My entitlement [to the SLRP] will be terminated if I am separated from the Selected Reserve of the Army. The IG also stated that the applicants recruiter acknowledged to him that he was not aware that the applicant would lose his SLRP and MGIB if he was transferred to the IRR. However, the recruiter did not recall telling the applicant that he would not lose his educational benefits.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the ARNG for assignment to a unit on 19 April 1989 in pay grade E-3. In conjunction with his enlistment he was given the MGIB, the SLRP and a $2000.00 enlistment bonus.
The applicant attended his initial active duty for training and was awarded the military occupational specialty of material storage and handling specialist. He was advanced to pay grade E-4 and was mobilized in support of Operation Desert Storm/Shield.
Effective 1 November 1991 the applicant was discharged from the ARNG and transferred to the IRR. On 23 March 1992 he was transferred from the IRR to a USAR unit.
Thereafter, the applicants USAR unit deactivated and he was transferred to another USAR unit. On 28 September 1993 the applicant was involuntarily transferred to the IRR due to his failure to report to his new unit.
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. Transfer to the IRR is considered a type of separation which terminates SLRP benefits.
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 applicants entitlement to the SLRP was properly terminated upon his transfer to the IRR.
2. The fact that the applicant knew that he would lose his $2000.00 enlistment bonus by transferring to the IRR, and was willing to do so to avoid additional processing, lends doubt to his claim that he was unaware that he would also lose his SLRP.
3. The statement made to the IG by the applicants recruiter is inconclusive. Although it establishes that the recruiter was not aware that the applicant would lose his SLRP if he transferred to the IRR, it also indicates that the applicant did not ask whether or not he would lose his benefits. The recruiter stated that he never told the applicant he would not lose his benefits. It is reasonable to assume that the recruiter would have determined if the applicant would lose his educational benefits if the applicant had asked him that question.
4. The Board also notes that if the applicants SLRP had not terminated upon his transfer to the IRR when he went from an ARNG to a USAR unit, it would have terminated when he was later transferred to the IRR due to his failure to report to his new USAR unit.
5. In view of the foregoing, there is no basis for granting the applicants 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
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