2. The applicant requests activation of his Student Loan Repayment Program (SLRP). He states, in effect, at the time of his enlistment in the USAR in specialty 88L (watercraft operater) he was told, and completed appropriate documents, enrolling in the SLRP as an enlistment incentive. He notes that subsequent to his enlistment he was informed that specialty 88L was no longer one of the specialties eligible for the SLRP enlistment incentive and he was advised to apply to this Board.
3. Records available to the Board indicate the applicant enlisted in the USAR on 22 February 1992. As part of his enlistment contract he completed documents, certified by his recruiter, indicating that his enlistment in specialty 88L entitled him to a $2000.00 enlistment bonus and enrollment in the SLRP.
4. Subsequent to his enlistment, in 1995, it was discovered that specialty 88L was not activated as an eligible specialty under the SLRP until 1 April 1992, more than a month after the applicant enlisted in the USAR.
5. In January 1993, as a result of deactivation of the applicants original USAR unit the applicant voluntarily transferred to the 1394th Deployment Control Unit. Between August 1990 and March 1993 the 1394th Deployment Control Unit was listed as one of the USAR units eligible for the participation in the SLRP.
6. On 5 April 1994 the applicant was reclassified from specialty 88L to 88N (traffic management coordinator). It is unclear, from available records, if the applicant was voluntarily or involuntarily reclassified. However, specialty 88N was not one of the specialties designated for participation in the SLRP.
7. Attempts by the applicants unit to rectify the incorrect information he received regarding eligibility for the SLRP at the time of his enlistment and subsequent activation based on his current unit of assignment have consistently been denied as being outside the authority of Reserve Component activities.
8. 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 serve 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 same specialty 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. Entitlement to the SLRP will stop if the soldier contracted for a specialty authorized by Department of the Army for SLRP entitlement and moves to an ineligible specialty, or is reclassified, unless at the express direction of the Reserve component.
9. In the processing of this application and advisory opinion (COPY ATTACHED) was provided by the Office of the Chief, Army Reserve (OCAR). The opinion, in effect, recommended the applicants petition be approved in view of the fact that his current unit of assignment was one of the units eligible for the SLRP at the time he was reassigned to that organization in January 1993.
CONCLUSIONS:
1. While neither the applicants unit nor enlistment specialty was in fact eligible for the SLRP incentive at the time of his enlistment in February 1992, the applicant enlisted in good faith believing that his enlistment in specialty 88L made him eligible for the SLRP incentive.
2. The fact that specialty 88L did not open up as one of the SLRP eligible specialties until nearly a month after the applicants enlistment should not serve as a basis to deny him entitlement to the incentive for which he enlisted. It is reasonable to conclude that he would have delayed his enlistment an appropriate amount of time had he know the date that specialty would be activated in the SLRP.
3 The applicant enlisted in good faith expecting to receive benefits under the SLRP and should not be penalized merely because his recruiter made a mistake during his enlistment processing and enlisted him prior to the effective date his enlistment specialty was activated in the SLRP.
4 Additionally, the Army continues to benefit, in spite of his reclassification out of specialty 88L, by the applicants continued service in an Reserve unit which was eligible for the SLRP at the time of his reassignment to that organization.
5. 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 22 February 1992 in specialty 88L and continued to be eligible for the program upon his reassignment to the 1394th Deployment Support Brigade in January 1993 in spite of his reclassification out of specialty 88L in 1994.
BOARD VOTE:
GRANT AS STATED IN RECOMMENDATION
GRANT FORMAL HEARING
DENY APPLICATION
CHAIRPERSON
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