RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           11 March 2004
      DOCKET NUMBER:   AR2003090118


      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. Robert J. McGowan             |     |Analyst              |


  The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Ms. Mae M. Bullock                |     |Member               |
|     |Mr. Patrick H. McGann, Jr.        |     |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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his student loan of $3,126.41, plus $700 in
collection fees, be repaid under the Student Loan Repayment Program (SLRP).


2.  The applicant states that when he enlisted in the US Army Reserve
(USAR) on 11 August 1989, he signed up for the SLRP.  Although he was
separated on 14 July 1995 for unsatisfactory participation, he ultimately
received an Honorable Discharge on 12 August 1997.  He adds that he
fulfilled his contract and the Army should fulfill its contract to him.

3.  The applicant provides:

      a.  A 3-page, self-authored letter.

      b.  A copy of DA Form 5261-4-R (Student Loan Repayment Program
Addendum), dated 11 August 1989.

      c.  A copy of DA Form 3540/4 (Section VI – Statement of
Acknowledgement and Understanding of Enlistment, Reenlistment, or Unit
Assignment, Obligation), dated 11 August 1989.

      d.  A copy of DD Form 2475 (DOD Educational Loan Repayment Program
Annual Application), dated 23 May 2002, for a loan incurred on 21 August
1993.

      e.  A copy of Contacts and Cases for [Applicant], dated 19 November
2002, outlining the applicant's contacts with Army Reserve Personnel
Command (AR-PERSCOM) over his SLRP.

      f.  Various awards and letters of commendation showing that he was a
good Soldier.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an error or injustice which
occurred on 21 August 1993.  The application submitted in this case is
dated 16 April 2003.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if
the ABCMR determines that it would be in the interest of justice to do so.
In this case, the ABCMR will conduct a review of the merits of the case to
determine if it would be in the interest of justice to excuse the
applicant’s failure to timely file.

3.  The applicant enlisted in the USAR on 11 August 1989.  At that time, he
executed a document to enroll in the SLRP.

4.  The applicant's first student loan was made on 21 August 1993.
However, the applicant did not submit DD Form 2475 (DOD Educational Loan
Repayment Program Annual Application) until on/about 23 May 2002.  The form
was incomplete (unsigned) and it indicated that the loan was in default.

5.  The applicant was separated from the Selected Reserve on 14 July 1995
as an unsatisfactory participant.

6.  The USAR SLRP is an educational enlistment incentive that provides for
payment of 15 percent of the loan amount or $1500.00, whichever is greater,
of the unpaid principal of eligible student loans for each year of active
duty a soldier completes. The repayment is limited to $10,000 except
certain MOS's qualify for up to $20,000.00.  Title 10, US Code, section
2171, limits repayment to those loans made, insured or guaranteed under the
Higher Education Act of 1965.  Loans must qualify and not be in default.
Only the principal is subject to reimbursement, interest and other fees are
not reimbursable.

7.  In the processing of this case, an advisory opinion was obtained from
the USAR Incentives Program, Army Human Resources Command – St. Louis,
St. Louis, Missouri which recommends disapproval of the applicant’s request
because he was an unsatisfactory participant and his loan request is more
than 6 years after the origination date and is incomplete.

8.  The applicant was provided a copy of the advisory opinion and submitted
a rebuttal on 3 March 2004.  He points out that he took out the loan in
1993 and that he did not begin to have participation problems until 1995,
so he figures he has at least 1 good year for which he should be
reimbursed.  He does not comment on the fact that he took 8 and 1/2 years
to submit his request for repayment, and dismisses the fact that his
application is not properly authenticated as a "clerical error."

DISCUSSION AND CONCLUSIONS:

1.  The applicant enrolled in the USAR SLRP on 11 August 1989.

2.  The applicant took out a student loan on 21 August 1993.  He would have
been eligible to seek reimbursement on 20 August 1994 and each year
thereafter.

3.  The applicant was separated from the Selected Reserve on 14 July 1995
as an unsatisfactory participant.  This effectively ended his entitlement
to further reimbursements, thus he had only 1 good year from the
origination of his student loan to his separation.

4.  The applicant waited 8 and 1/2 years to submit a claim for
reimbursement, and then did so improperly.  The loan agency representative
did not authenticate his DD Form 2475, and the loan for which he was
seeking reimbursement was in default.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 20 August 1994 (the date he should
have applied for reimbursement); therefore, the time for the applicant to
file a request for correction of any error or injustice expired on 19
August 1997.  However, the applicant did not file within the 3-year statute
of limitations and has not provided a compelling explanation or evidence to
show that it would be in the interest of justice to excuse failure to file
in this case.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

__jns___  __mmb___  __phm___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations
prescribed by law.  Therefore, there is insufficient basis to waive the
statute of limitations for timely filing or for correction of the records
of the individual concerned.



                 John N. Slone
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2003090118                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040311                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |112.1200                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |