RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           19 January 2005
      DOCKET NUMBER:  AR20040000046


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Bernard P. Ingold             |     |Chairperson          |
|     |Mr. Larry C. Bergquist            |     |Member               |
|     |Ms. Delia R. Trimble              |     |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.  The applicant requests, in effect, reconsideration of his request for
payment of his student loans under the Student Loan Repayment Program
(SLRP).

2.  In effect, the applicant states that as he understands it, his request
for payment of the student loans was denied because it required him to have
a good year in order to receive the payments.  He claims he received the
student loans while attending college in 1993 and he regularly attended
drills in 1993 and 1994. He states he was injured in 1995 at the place of
his civilian employment and began having problems with his hands and back.
He claims he sought the help of doctors, but was unable to work.  As a
result of his injuries, he did not attend drills in 1995 because he was
unable to perform his military duties, including physical training.  He
requests that his student loans be paid given his inability to perform his
duties was related to his injuries.

3.  The applicant provides the following documents in support of his
application:  Self-Authored Statement, Enlistment Contract Addendum (DA
Form 5261-4-R), and 10 Injury Related Documents.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR2003090118, on 11 March 2004.

2.  The applicant enlisted in the United States Army Reserve (USAR) for
eight years on 11 August 1989.  In connection with this enlistment he
enrolled in the SLRP.  The SLRP Addendum (DA Form 5261-4-R) on file
confirms the applicant enlisted in the USAR with entitlement under the
SLRP.

3.  Section IV (Obligation) of the DA Form 5261-4-R specified the member
agreed to serve six years of his eight-year enlistment in the Selected
Reserve.  Section V (Entitlement) specified that the Government would repay
a designated portion of any outstanding loans provided the loan was not in
default.  Section VII (Termination) specified that entitlement under the
SLRP would be terminated should the member be separated as an
“Unsatisfactory Participant” prior to fulfilling the Selected Reserve
contractual agreement.  The applicant signed Section VII (Statement of
Understanding), acknowledging that he read and understood each of the terms
outlined in the DA Form 5261-4-R.
4.  The applicant made his first student loan on 21 August 1993, but did
not apply for repayment until on or about 23 May 2002, after the loan was
in default.

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

6.  In it’s original conclusions; the Board found the applicant waited over

8 years to apply for repayment of the 1993 student loan, which was in
default at the time.  Further, he was separated from the Selective Reserve
on 14 July 1995, which ended his SLRP entitlement.  As a result, the Board
found insufficient evidence of an error or injustice related to the
applicant’s SLRP entitlement that would support a correction of his record.


7.  The applicant now provides documents related to his medical treatment
for a hand and back injury.  These documents refer to treatment for hand
and back pain, but contain no medical diagnosis of a permanent medical
disabling condition.

8.  There is no indication in his record that the applicant suffered from
any medical condition that rendered him physically unfit to perform his
military duties, or that disqualified him from further service at the time
he was separated from the Selected Reserve.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions that his student loans should be repaid
because he suffered from a medical condition that impaired his ability to
serve and the supporting medical documents he provided were carefully
considered.  However, these factors and the evidence fail to provide a
sufficient evidentiary basis to support granting the requested relief.

2.  The evidence of record confirms the applicant’s 1993 loan was in
default prior to his applying for repayment some 8 years later, and that he
was separated as an unsatisfactory participant, which terminated his SLRP
entitlement.

3.  The medical documents the applicant submits as new evidence, while
indicating he suffered from hand and back pain, do not show he suffered
from a disabling condition that rendered him unfit for further military
service.  Thus, this does not provide a sufficiently mitigating basis to
support an amendment to the original Board recommendation in this case.
4.  As the applicant was informed in the original Board decisional
document, in order to justify correction of a military record the applicant
must show to the satisfaction of the Board, or it must otherwise
satisfactorily appear, that the record is in error or unjust.  The
applicant has failed to submit any new evidence or argument that would
satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___LCB_  __  DRT__  ___BPI _  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 to amend the decision of
the ABCMR set forth in Docket Number AR2003090118, dated 11 March 2004.




            ____Bernard P. Ingold____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040000046                           |
|SUFFIX                  |                                        |
|RECON                   |2004/03/11 - AR2003090118               |
|DATE BOARDED            |2005/01/19                              |
|TYPE OF DISCHARGE       |N/A                                     |
|DATE OF DISCHARGE       |N/A                                     |
|DISCHARGE AUTHORITY     |N/A                                     |
|DISCHARGE REASON        |Unsatisfactory Participant              |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  1026 |112.1200                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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