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Decision Text

ARMY | BCMR | CY2002 | 2002083027C070215
Original file (2002083027C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 26 June 2003
         DOCKET NUMBER: AR2002083027


         I certify that hereinafter is recorded the true and complete record of the proceedings 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. Lester Echols Member
Mr. Lawrence Foster Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

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

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests that he be allowed to use his entire $10,000 Student Loan Repayment Program (SLRP) benefit.

3. The applicant states his SLRP benefit was illegally terminated when his initial term of service expired.

4. The applicant’s military records show that he enlisted in the Army National Guard (ARNG) with no prior service on 22 April 1996. His enlistment obligated him to serve 6 years in his ARNG unit, and 2 years in the Army Reserve (USAR) Control Group. In conjunction with his enlistment, he executed an SLRP addendum (DA Form 5261-4-R) for $10,000 in SLRP benefits. In the bottom of the second paragraph in Section III – Acknowledgment, the following sentence was added: “I understand the SLRP is only authorized for the initial contracted period of service.”

5. The applicant served his enlistment with distinction, being given above average noncommissioned officer evaluation reports and being rated superior in some areas in academic evaluation reports. He was promoted to pay grade E-5 and extended his enlistment for 3 years at the expiration of his term of service. He currently remains assigned to an ARNG unit in pay grade E-5.

6. Army Regulation 135-7, Incentive Programs, dated 1 September 1994, added paragraph 5.1-10. This paragraph states that an SLRP addendum is valid as long as the soldier maintains eligibility through participation and membership in the USAR or ARNG. Paragraph 5.1-6a of this regulation was amended to delete “Entitlement to the SLRP will stop if the soldier completes the contracted Selected Reserve term of service .”

CONCLUSIONS:

1. The applicant enlisted in the ARNG after AR 135-7 was changed from terminating SLRP benefits upon completion of a term of service, to terminating SLRP benefits only upon exhaustion of the amount of money specified in the original contract ($10,000 or $20,000), assuming continuous service.

2. As such, an error was made in adding the following sentence in the bottom of the second paragraph in Section III – Acknowledgment, of the DA Form
5261-4-R: “I understand the SLRP is only authorized for the initial contracted period of service.”

3. In view of the foregoing, the applicant’s records should be corrected as recommended below.



RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by deleting the following sentence in the bottom of the second paragraph in Section III – Acknowledgment, of the DA Form 5261-4-R of the individual concerned: “I understand the SLRP is only authorized for the initial contracted period of service.”

BOARD VOTE:

____le___ ____wtm ___le_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _________Walter T. Morrison ________
                  CHAIRPERSON




INDEX

CASE ID AR2002083027
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030626
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.


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