2. The applicant requests in effect that the DA Form
5261-4-R, Student Loan Repayment Program Addendum, he completed be backdated to coincide with his 14 March 1993 reenlistment contract.
3. The applicant states that he reenlisted to qualify for the Student Loan Repayment Program (SLRP) but, unbeknownst to him, he had not been given a SLRP addendum when he reenlisted. It was only when finance denied payment of his student loans did he discover this omission.
4. In support of his application he submits a DA Form
5261-4-R wherein he opted for the SLRP, dated 24 October 1993. He also submits correspondence from his finance office which show that he was denied payment for his student loans.
5. The applicants military records show that he immediately reenlisted for 6 years in pay grade E-7 in the USAR for assignment to a troop program unit on 14 March 1993. He did not execute a SLRP addendum at that time.
6. Army Regulation 135-7, Chapter 5, provides the policy on eligibility for SLRP benefits. Paragraph 5.1-3 of this regulation states that prior service and in-service personnel must enlist, reenlist, immediately reenlist, or extend their enlistments for 3 or more years to establish SLRP eligibility. The soldier must execute a DA Form
5261-4-R at the time of such reenlistment or extension.
7. In the processing of this case an advisory opinion was obtained from the Chief, Army Reserve (CAR). The CAR stated that the applicant had been eligible for the SLRP, but is presently precluded from deriving benefits from that program because he did not complete the SLRP addendum at the time of his reenlistment. The CAR recommends that his request be approved.
CONCLUSIONS:
1. The applicants 6-year reenlistment was sufficient to entitle him to SLRP benefits.
2. The Board finds it reasonable to assume that the applicant would have completed a SLRP addendum when he reenlisted if he had been aware of the requirement to do so.
3. The foregoing conclusions are supported by the advisory opinion provided by the CAR.
4. In view of the foregoing, the applicants records should be corrected 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 executed a DA Form 5261-4-R, Student Loan Repayment Program Addendum, on 14 March 1993.
BOARD VOTE:
GRANT AS STATED IN RECOMMENDATION
GRANT FORMAL HEARING
DENY APPLICATION
CHAIRPERSON
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