RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         07 DECEMBER 2004
      DOCKET NUMBER:  AR2004103567


      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. Kenneth H. Aucock             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Mark Manning                  |     |Chairperson          |
|     |Mr. John Denning                  |     |Member               |
|     |Mr. James Gunlicks                |     |Member               |

      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.  In effect, the applicant requests that her records be corrected to show
that she was entitled to the $10,000.00 loan repayment incentive as
depicted in her         24 November 1992 reenlistment contract.

2.  The applicant states that she reenlisted in November 1992 while
assigned to the 79th Army Reserve Command as a food service specialist, MOS
(Military Occupational Specialty) 94B.  Because of downsizing, the unit did
away with her E-7 position.  She transferred to another unit.  Her problem
started when she attempted to pay back her loans.  The unit to which she
was now assigned indicated that her MOS was not one that entitled her to a
SLRP (student loan repayment program) incentive.  She has been attempting
to resolve the issue, but has had no success.

3.  The applicant provides a copy of her reenlistment contract (DD Form 4
series and related documents).

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Army Reserve for 6 years on 23 March
1978, and reenlisted for 3 years in 1984.  An academic evaluation report
(AER) shows that she completed a stock control specialist primary
technician course in 1985.  A 1987 AER shows that she completed a civil
affairs enlisted course at Fort Bragg, North Carolina, and that her MOS was
71L20 (administrative specialist).

2.  Enlisted Evaluation Reports completed on her in 1987, 1988, and 1989
show that she was an administrative/evacuee specialist with the 416th Civil
Affairs Company in Norristown, Pennsylvania.  Those reports show that her
primary MOS was 71L20 and her secondary MOS 94B20.  Her NCO
(Noncommissioned Officer) Evaluation Reports (NCOERs) for the periods
ending in October 1990 and October 1991 show that she was a staff sergeant,
administrative supervisor, MOS 71L, with the 416th.  Her report ending in
October 1992 shows the same information, indicating however, that she was
promoted to sergeant first class in August 1992.

3.  The applicant completed the advanced NCO course on 24 July 1993.

4.  The applicant's NCOER for the period ending in September 1994 shows
that she was a food service sergeant, primary MOS 94B40, with the 416th at
Norristown.

5.  On 21 July 1995 the applicant completed the Civil Affairs Specialist
Advanced NCO Course.  Her MOS is shown as 94B40.  Her NCOER for the one-
year period ending in September 1995 shows that she was a team sergeant
with the 416th at Norristown, as does her report ending in September 1996.

6.  The applicant's complete military records are unavailable; however, she
indicates that she retired from the Army Reserve on 24 March 1998.  There
is no reason to dispute this.

7.  The applicant's DD Form 4 series (Enlistment/Reenlistment Document)
shows that she reenlisted in the Army Reserve in pay grade E-7 for 6 years
on             24 November 1992.  A Student Loan Repayment Program Addendum
(DA Form 5261-4-R) to the DD Form 4 series shows that she contracted to
serve in MOS 94B for $10,000.00 in loan repayments.  In agreeing to this
contract, the applicant indicated by her signature thereon that she
understood that the terms of the agreement and her entitlement to loan
repayment under the SLRP would be terminated should she move to an
ineligible MOS, or if she was reclassified, except for normal career
progression or at the express direction of the Chief, Army Reserve, or the
appropriate Army Reserve Command.  The addendum was certified by her unit
clerk, attesting that the applicant met the eligibility requirements for
the SLRP and that her MOS was eligible for loan repayment.

8.  The applicant's request (DD Form 149) shows that she was retired from
the Army Reserve on 24 March 1998, 20 years from the date that she first
enlisted in 1978, an indication that she had 20 qualifying years for
retired pay at age 60.

9.  In the processing of this case an advisory opinion was obtained from
the Army Reserve Incentives Program Manager at the Human Resources Command
in St. Louis.  That official stated that when the applicant reenlisted in
1992 her MOS of 94B was not eligible for the SLRP, even though the unit
clerk certified otherwise. He went on to say that the applicant was not
made aware of that fact until 1 April 1997 when she was notified by the
SLRP office.  He stated, in effect, that because the applicant presumed
that she was entitled to the SLRP, her request should be granted.  The
applicant concurred with the advisory opinion.

10.  Army Regulation 135-7 prescribes policies and procedures for the
administration of the Army Reserve incentive programs, to include repayment
of student loans.  That regulation gives guidance for the administration of
the Student Loan Repayment Program (SLRP), which authorizes student loan
repayment for qualified Selected Reserve enlisted personnel under the
Selected Reserve Incentive Program (SRIP).  The incentive is offered to
qualifying personnel on signing a contractual agreement for a specified
term of service in the Selected Reserve and executing DA Form 5261-4-R.  A
prior service or in-service Soldier must enlist, reenlist, or extend for 3
or more years.  Selection of the SLRP incentive and execution of DA Form
5261-4-R must be made by the person when he or she signs a Selected Reserve
contractual agreement.  Entitlement to the SLRP will stop if the Soldier
contracted for an MOS authorized by Headquarters, Department of the Army
for SLRP entitlement and moves to an ineligible MOS, or is reclassified,
unless at the express direction of the appropriate Army Reserve Command.

11.  The Comptroller General of the United States has ruled in similar
cases that although a service member may have been misinformed about
entitlements, the Government is not liable for the erroneous actions of its
officers, agents, or employees in the performance of their official duties.

DISCUSSION AND CONCLUSIONS:

1.  Notwithstanding the fact that her MOS was ineligible for the SLRP
incentive, the applicant reenlisted in the Army for 6 years and contracted
to serve in MOS 94B with the understanding that she was entitled to a
maximum of $10,000.00 in loan repayments.

2.  The Board notes, however, that the applicant had over 14 years of
service in the Army Reserve at the time she executed her contract to
reenlist for 6 years in November 1992.  Consequently, the applicant had
sufficient military service to bear some of the responsibility for ensuring
her entitlements were correct and authorized.  The Board also notes that
the applicant's service with the 416th Civil Affairs Company was continuous
at least since 1987 and that she served as an administrative/evacuee
specialist until her reenlistment in 1992 in MOS 94B, a specialty that she
had not worked in for a number of years, and obviously not in the NCO
ranks.  Further, in all likelihood the applicant would have continued her
military service without the enticement of the loan repayment under the
SLRP, as evidenced by the fact of her retirement in 1998.  As such, there
was no detrimental reliance on the part of the applicant as a result of the
completion of her erroneous enlistment contract.

3.  Therefore, and notwithstanding the advisory opinion, the applicant's
request to correct her record to show that she was entitled to the
$10,000.00 loan repayment incentive is denied.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__MM___  __JD____  __JG ___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.




                                  ______Mark Manning______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004103567                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20041207                                |
|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.       |112.12                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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