2. The applicant requests, in effect, activation of the Student Loan Repayment Program (SLRP) in accordance with his enlistment contract. He states his enlistment in the USAR in 1982 included the SLRP as an enlistment incentive. He notes because of an oversight by his recruiter the SLRP contract was not initiated and he was denied benefits under the program.
3. Records available to the Board indicate the applicant enlisted in the USAR for a period of 8 years on 18 December 1986. His enlistment contract indicates he enlisted for training in specialty 98G (Electronic Warfare/Signal Intelligence Voice Interceptor) and participation in the Student Loan Repayment Program. According to the applicant when he attempted to activate the SLRP option his request
was denied because his enlistment contract did not contain a completed DA Form 5261-4-R (Student Loan Repayment Program Addendum).
4. In 1990 the applicants original reserve unit was deactivated, he was reassigned to a special forces unit and ultimately underwent training as a Special Operations Communications Sergeant (specialty 18E) but retained specialty 98G as a secondary specialty. In 1994 when his reserve special forces unit was deactivated the applicant enlisted in the Utah National Guard where he is currently assigned. The applicants records indicate he is fluent in both Arabic and Chinese, was honor graduate from both the Electronics Warfare/Signal Intelligence Voice Interceptor Course and the Special Operations Communications Course, received the Squad Leadership Award during his Primary Development Leadership Course, served in Southwest West Asia and has been awarded three Army Achievement Medals.
5. The Student Loan Repayment Program provides for the repayment by the Government of a designated portion of any outstanding student loan(s)secured after 1 October 1975. Payments will be made for each year of satisfactory service in the Selected Reserve. The maximum amount of loans against which payment can be made will not exceed $10,000. To be eligible for the SLRP incentive, a person must contractually obligate himself to service satisfactorily, must serve in the Selected Reserve for a full term of the contractual agreement and must further obligate himself to continue to serve in the same component and the same MOS unless excused for the convenience of the Government. In September 1986 the requirement to complete the DA Form 5261-4-R (Student Loan Repayment Program Addendum) was implemented as an additional requirement for eligibility in the program. The addendum outlined the obligation and participation requirements for entitlements under the SLRP to insure the individual agreement to those conditions were a matter of record. Entitlement to the SLRP will stop if the soldier contracted for an MOS authorized by Department of the Army for SLRP entitlement and moves to an ineligible MOS, or is reclassified, unless at the express direction of the reserve component.
6. In the processing of this application an advisory opinion (COPY ATTACHED) was provided by the Office of the Chief, Army Reserve (OCAR). The opinion noted the applicant enlisted in a specialty which was eligible for the SLRP but because he did not complete the addendum as part of his enlistment contract they could not support his request.
CONCLUSIONS:
1. The evidence of record confirms the applicant was eligible for and enlisted in the Army Reserve with the understanding that he would receive the SLRP as an enlistment option.
2. In spite of the fact that he has been unable to activate the enlistment option he has continued to serve in a committed and outstanding manner.
3. Notwithstanding the advisory opinion from the OCAR, the applicant enlisted in good faith expecting to receive benefits under the SLRP and should not be penalized merely because an addendum form was not completed as part of his enlistment processing.
3. In view of the foregoing, it would be appropriate to correct the applicants records as recommended below.
RECOMMENDATION:
That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was properly enlisted for the Student Loan Repayment Program on 18 December 1986 and is entitled to restoration of benefits under the program.
BOARD VOTE:
GRANT AS STATED IN RECOMMENDATION
GRANT FORMAL HEARING
DENY APPLICATION
CHAIRPERSON
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