MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 30 January 2003
         DOCKET NUMBER: AR2002077627

         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
Mr. Edmund P. Mercanti		Analyst

The following members, a quorum, were present:

Mr. Walter T. Morrison		Chairperson
Mr. Christopher J. Prosser		Member
Ms. Yolanda Maldonado		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 his student loans be paid in full under the terms of his Student Loan Repayment Program (SLRP) addendum.

APPLICANT STATES: The necessary documents were submitted to his unit on every anniversary date of his enlistment, from 1996 to 2000. His student loans totaled $27,260. Since only $2,800 was paid towards his student loans, it is apparent that something was done incorrectly by his unit administrator when he submitted his loans for payment.

In support of his request the applicant submits a letter from his mother to an inspector general, dated 3 March 2002. In that letter the applicant’s mother reiterates the applicant’s contention that he submitted SLRP requests every year.

The applicant also submits a letter from the Army Reserve Personnel Command to the applicant’s elected representative, dated 14 June 2002, in which the finance record of what loans were submitted and when they were submitted was summarized (the specifics concerning these loans and their payment are addressed in the conclusions of this document).

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

He enlisted in the US Army Reserve (USAR) on 8 April 1995 for assignment to a troop program unit for six years, and assignment to the USAR Control Group (Annual Training) for the remaining two years of his statutory military service obligation. In conjunction with his enlistment, he executed a $20,000 SLRP addendum.

He entered on his initial active duty for training (IADT) on 29 August 1995, was awarded the military occupational specialty (MOS) of unit supply specialist, and was released from active duty on 15 December 1995.

Army Regulation 135-7, Incentive Programs, states that for each year of satisfactory service in the Selected Reserve (a troop program unit or individual mobilization augmentee), the qualifying student loan amount to be repaid under the SLRP will be as follows:

(1) If the amount of the loan or loans does not exceed the designated maximum portions authorized, the amount of annual repayment is 15 percent of the original balance of the loan or loans, plus accrued interest not paid by the Department of Education, or $500 plus the accrued interest not paid by the Department of Education, whichever is greater.

(2) If the amount of the loan or loans exceed the designated portions authorized, the amount of annual repayment is 15 percent of the designated maximum portion, plus the accrued interest not paid by the Department of Education. This equates to a maximum annual repayment of $1,500, or effective 1 March 1988, $3,000, plus the accrued interest. If the amount set for repayment is less than $500, then $500 becomes the calculated amount for repayment in that year.

This regulation continues that when a reservist makes a qualifying student loan(s) subsequent to enlistment, payment on that loan or loans cannot be made until the soldier has served 1 additional year in the Selected Reserve.

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

1. The review of the applicant’s request must include a detailed analysis of the applicant’s student loans, the date of their submission, and the payment history of those loans. In this regard, the following is provided:

a. The applicant was eligible for his first installment under the SLRP on the anniversary of his enlistment, 8 April 1996. At that time he only had a $2,430 student loan which was made on 5 January 1996. The applicant was paid $125 for an unknown reason. Since the loan was made after the applicant's enlistment, it was not eligible for an anniversary payment until the applicant's April 1997 SLRP anniversary since it was not yet a year old on the first anniversary of his enlistment.

b. On the applicant’s second anniversary date, his first student loan became a year old, and therefore payable. Finance properly paid the minimum $500 on the first student loan at that time since 15 percent of $2,430 is $365.

c. No requests for student loan repayment were received by finance on the applicant’s third anniversary date in 1998 even though his 5 January 1996 loan for $2,430 and his 28 February 1997 loan for $2,517 were eligible for payment. Fifteen percent of the total of these loans, $4,947, is $742.

d. On the applicant’s fourth anniversary date in 1999, student loans totaling $9,142 were received by finance, which included the applicant's second loan, but did not include his first loan. At that time he also had eligible loans (over a year old) for $1,261 made on 20 August 1997; a loan for $1,920 made on 20 August 1997; a loan for $2,521 made on 1 January 1998; and a loan for $3,840 also made on 1 January 1998. Fifteen percent of $9142 is $1,371. At that time finance paid $662.50 for 1998 and $993.75 in principal and $551.86 in interest for 1999. No other requests to pay student loans were ever received by finance after the applicant's fourth SLRP anniversary.

e. The remainder of the applicant's student loans consist of a loan for $1,225 made on 6 August 1998; a loan for $750 made on 16 August 1998; a loan for $1,185 made on 1 January 1999; a loan for $749 made on 5 January 1999, a loan for $1,217 made on 15 August 1999; a loan for $240 also made on 15 August 1999; a loan for $1,216 made on 27 December 1999; a loan for $240 also made on 27 December 1999; a loan for $4,250 made in the fall of 2000; and a loan for $1,699 also made in the fall of 2000. Of these loans, if the applicant was transferred from his unit to the USAR Control Group (Annual Training) on 7 April 2001, as specified in his enlistment contract, his last two loans, totaling $5,949, would not be payable under the SLRP because they did not become a year old prior to his separation.

f. As such, the applicant was paid $2,832 and was entitled, under the 15 percent SLRP payment rule, to $2,371 for the loans he submitted. The additional $461 paid to the applicant is probably interest which accrued on his loans.

2. It is apparent from the above conclusions that finance properly paid the loans it received. As such, the question reverts to whether the applicant has submitted evidence in which to support his contention that he made SLRP submissions to his unit on each anniversary date of his enlistment.

3. In this regard, while the applicant has submitted a letter from his mother in support of his contentions, he has not submitted any documents showing that he did in fact submit those documents to his unit. Without evidence to show that the applicant submitted additional SLRP payment requests, 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

___cjp___ ____wtm ____ym _ DENY APPLICATION

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

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INDEX

CASE ID	AR2002077627
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20030130
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1.	128.00
2.
3.
4.
5.
6.