MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 26 February 2002
         DOCKET NUMBER: AR2001064497

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Mrs. Nancy Amos		Analyst

The following members, a quorum, were present:

Ms. Joann Langston		Chairperson
Mr. Raymond J. Wagner		Member
Mr. Richard T. Dunbar		Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

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APPLICANT REQUESTS: In effect, that the Army pay off his student loans as per his enlistment contract and the Student Loan Repayment Program (SLRP).

APPLICANT STATES: That in early 1990 he looked into enlisting in the U. S. Army Reserve (USAR) but was informed that he was not eligible since he had a general education development (GED) diploma. A few months later his recruiter called him to say the policy had changed, so he enlisted in the USAR in September 1990. When he got to basic training, he noticed that a lot of the trainees had enlisted under a $10,000 or $20,000 SLRP. About two and a half years later, his unit was deactivating. Recruiters from a National Guard unit showed up. He told them he was interested but if he was going to change from the USAR to the Army National Guard (ARNG) he wanted the SLRP since he was then enrolled at the New England School of Art and Design/Suffolk University. The recruiter at first told him he could not get the SLRP. About a month later, the recruiter called him back and said he could now get the SLRP so he enlisted in the ARNG. At that time he was in school and did not have to make payments on his student loans so he did not suspect there was a problem with the SLRP. About the beginning of 1996 he had to start paying his student loans. At the same time, his unit was deactivating and transitioning into another unit. The unit clerk asked him to wait until the unit fully transitioned to avoid paper confusion. The clerk also told him that since the SLRP was retroactive, it was easier if he waited and applied for larger sums because there was less paperwork. Shortly thereafter he transferred to Vermont. He transferred in the middle of 1997 and got busy with military occupational specialty (MOS) training and getting accustomed to his new unit. About the middle of 1998 he asked again about the SLRP. He was told he had to get promissory notes, which took a little time. After he got the notes and applied, however, his request was denied. He was never told by his recruiter that a GED was not eligible for the SLRP. He was not informed of this until he had completed over 7 years of his contract in good faith. Since then the regulations have changed to allow GED recipients to enlist for the SLRP.

The applicant provides his ARNG enlistment contract, his promissory notes, a 25 September 2001 memorandum from his battalion commander recommending relief, and a 17 October 2001 letter from The Adjutant General, State of Vermont supporting his application as supporting evidence.

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

He apparently enlisted in the USAR on or about 11 September 1990.

On 28 September 1993, the applicant enlisted in the (Massachusetts) ARNG for 4 years and 49 weeks (to complete the remainder of his military service obligation). His Record of Military Processing – Armed Forces of the United States, DD Form 1966, shows he enlisted for 100 percent free tuition at any Massachusetts state-funded college and for SLRP and G. I. Bill eligibility.

The applicant initialed paragraph 2, section III of the Student Loan Repayment Program Addendum, DA Form 5261, indicating he acknowledged, in connection with his enlistment for entitlement to the SLRP, that he met the listed eligibility criteria, i.e., that he had previous military service and was contracting to serve for 3 or more years in the Selected Reserve and, in addition, he was a high school diploma graduate and had the required supporting documentation. He initialed in section V, paragraph 2a that he understood repayment of the qualifying student loan(s) would be made after each year of satisfactory service after securing the loan(s) and reaching the anniversary date of this agreement. He initialed in paragraph 4 that he understood the repayment of student loan(s) by the Government was not automatic and it was his responsibility to initiate the request for loan repayments during each year that he met the requirements.

The SLRP provides for the repayment by the Government of a designated portion of any outstanding student loan(s) secured after 1 October 1975. The loan amount to be repaid is 15 percent of the original balance of the loan plus accrued interest not paid by the Department of Education, or $500.00 plus the accrued interest not paid by the Department of the Education, whichever is greater. Payments will be made for each year of satisfactory service in the Selected Reserve. The maximum amount of loans against which the 15 percent is computed will not exceed $10,000. This equates to a maximum annual repayment of $1,500 plus interest. If the amount set for repayment is less than $500.00, then $500.00 becomes the calculated amount for repayment that year.

To be eligible for the SLRP incentive, a person must contractually obligate himself or herself to serve satisfactorily, must serve in a reserve unit for a full term of the contractual agreement and must further obligate himself or herself to continue to serve in the same component and the same MOS unless excused for the convenience of the Government. Entitlement to the SLRP will stop if the soldier is separated from the Selected Reserve. Each complete satisfactory year of service performed under this SLRP agreement establishes an anniversary date. Any qualifying loan which is at least a year old may then be paid in accordance with the terms of this educational enlistment incentive.

The Government will not make any payments to the soldier or reimburse a soldier if he or she pays off a student loan. The Government will only pay the lending institution.

Army Regulation 135-7 prescribes policies for the administration of the ARNG and the USAR incentive programs including the SLRP. The regulation in effect at the time the applicant enlisted in the ARNG required that an individual be a high school diploma graduate as defined in the consolidated glossary. The consolidated glossary defined high school diploma graduate as an individual having a diploma issued to him or her who has attended and completed a 12-year day program of classroom instruction; or having a secondary school diploma awarded him or her on the basis of attending and completing an adult education or external diploma program, the diploma being issued as a result of attendance and not issued solely on the basis of a test; or having attended a college or university and successfully completed at least 12 semester hours or 22 quarter hours of college level credit at an accredited school. A diploma or certificate of GED or other test-based high school equivalency diploma is defined as alternate high school credentials.

For SLRP eligibility, the current Army Regulation 135-7, dated 15 April 1996, requires that a person be a secondary school graduate as defined in paragraph 1-7.1 of this regulation. For the purpose of educational requirements for the SLRP, the definition of a secondary school graduate includes having a diploma or certificate of GED or other test-based high school equivalency diploma.

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

1. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.

2. Notwithstanding anything his recruiter may have told him, the applicant misrepresented himself when he initialed the DA Form 5261 acknowledging that he met the eligibility criteria for the SLRP and that he was a high school diploma graduate and had the required supporting documentation, knowing that he was not a high school diploma graduate and only had a high school GED.

3. Despite the misrepresentation concerning his educational status, had the applicant followed his other obligations as outlined in the DA Form 5261 and initiated his request for loan repayment on the first anniversary of the agreement, he would have found out much sooner that he was not entitled to repayment of his loans. Despite what his unit clerk may have told him, he could have followed up with his chain of command or other officials to clarify the discrepancy between what the clerk was telling him and what his written contract required.

4. 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:

__rtd___ __jl____ __rjw___ GRANT

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records

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INDEX

CASE ID	AR2001064497
SUFFIX
RECON
DATE BOARDED	20020226
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	128.05
2.
3.
4.
5.
6.