| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy Amos | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Ms. Barbara J. Ellis | Member | |
| Mr. Ronald E. Blakely | Member |
APPLICANT REQUESTS: That his records be corrected to show he is eligible for the Student Loan Repayment Program (SLRP).
APPLICANT STATES: That the SLRP was guaranteed him when he enlisted in the Illinois Army National Guard (IL ARNG). He completed basic training and advanced individual training but when he returned from training he was told he was not eligible because he had an Armed Forces Qualification Test (AFQT) score of 40 and eligibility for the SLRP requires an AFQT of 50. He feels the error was not his fault. The enlistment packet was completed granting him this benefit and he has met all the requirements stated on his enlistment contract and bonus addendum.
EVIDENCE OF RECORD: The applicant's military records are not available. Information contained herein was obtained from alternate sources.
The applicant enlisted in the IL ARNG on 15 August 2000 for the SLRP not to exceed $10,000.00. On his Student Loan Repayment Program Addendum Army National Guard of the United States, NGB Form 600-7-5-R-E, section II – Eligibility, the applicant initialed that he was a non-prior service applicant and met certain requirements to receive the SLRP, including having an AFQT score of 50 or above. At the time of his enlistment, he had two outstanding loans in the amount of $6,125.00.
The applicant completed basic training and advanced individual training. He was notified upon his return from training that he did not meet the AFQT score requirement for eligibility for the SLRP. On 27 September 2001, the IL ARNG submitted a request to the National Guard Bureau for an exception to policy since the applicant enlisted through an administrative error score. The National Guard Bureau denied the request.
Army Regulation 135-7 establishes a single reference for incentives authorized within the Army National Guard and the U. S. Army Reserve (USAR). Chapter 5 provides in pertinent part that the SLRP is authorized for nonprior service applicants who enlist with an initial Selected Reserve term of service of at least 6 years with a concurrent 8-year military service obligation of 8 years and are classified in Mental Category I, II, or IIIA (AFQT 50 or higher).
Army Regulation 135-178 establishes policies governing the administrative separation of enlisted soldiers from the Army National Guard of the United States and the USAR. Paragraph 7-3 discusses defective enlistment or reenlistment agreements. It states that an enlisted soldier will be discharged when a defective enlistment or reenlistment agreement exists under certain circumstances. One circumstance is when a material misrepresentation is made by recruiting or retention personnel on which the soldier reasonably relied and thereby was induced to enlist or reenlist with a commitment for which the soldier was not qualified.
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. A Government error was made when the applicant was told he qualified for the SLRP enlistment incentive.
2. There is a regulatory remedy for correcting errors of this type and that is to request discharge for a defective enlistment agreement. The applicant discovered this error early in his enlistment in the IL ARNG. It would be appropriate at this early date to deny the relief requested and to require the applicant to apply for the relief provided for by regulation. In the event he does not desire to do so, his lack of action would be taken as his agreement to waive that enlistment incentive.
3. 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:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
__fne___ __bje___ __reb___ DENY APPLICATION
| CASE ID | AR2002066430 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020418 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 128.05 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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