RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            9 June 2005
      DOCKET NUMBER:   AR20040008868


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Mr. Lester Echols                 |     |Member               |
|     |Ms. Carol A. Kornhoff             |     |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 that his student loans be paid off per his
enlistment contract.

2.  The applicant states that he was promised three enlistment options –
the Montgomery GI Bill (MGIB), a cash enlistment bonus, and the Student
Loan Repayment Program (SLRP) – of which he received none.  He was refunded
the MGIB contributions he had made.  However, he fulfilled his 8-year
obligation and is requesting the SLRP option that he was guaranteed.

3.  In an undated response to a U. S. Army Human Resources Command (USAHRC)
letter dated 13 February 2004, the applicant stated that a DA Form 3286-66
never existed.  The forms on file were a DA Form 3286-63 and a DA Form 3286-
67.  He attached all of the paperwork reference to his "full-time
enlistment (MOS 75B10, 10 pages) and my Delayed Entry Program enlistment
(MOS 71D, 22 pages)."

4.  The applicant provides a U. S. Army Reserve (USAR) enlistment contract
dated 22 June 1996; a Regular Army enlistment contract dated 16 August
1996; an honorable discharge certificate dated 17 August 2004; a 7 October
2003  letter from USAHRC to the applicant and his 7 December 2003 response
to        it; a 12 October 2004 letter from the applicant to Congressman
(sic) D___; a        30 September 2004 letter from the applicant to
Congresswoman D___; a            3 September 2004 letter from the Office of
the Chief of Legislative Liaison to Congresswoman D___; a 13 February 2004
letter from USAHRC to the applicant; two letters, dated 26 March 2004 and
26 April 2004, from The Adjutant General to Congresswoman D___; the
applicant's 7 April 2004 response (addressed to Congresswoman D___) to
USAHRC's 26 March 2004  letter and his 11 May 2004 response (addressed to
Congresswoman D___) to USAHRC's 26 April 2004 letter; and a 28 February
2004 letter from the applicant to Congresswoman D___.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 24 April 1998, the date he separated from active duty.
The application submitted in this case is dated 30 September 2004.

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 limitations 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.  On 22 June 1996, the applicant enlisted in the USAR (not in the Delayed
Entry Program, which is a separate section in Part B (Agreement), paragraph
     8 of the DD Form 4/1 (Enlistment/Reenlistment Document Armed Forces of
the United States)).

4.  The applicant's DA Form 5261-R (Selected Reserve Incentive Program
–Enlistment Bonus Addendum) showed he was enlisting in the USAR with
concurrent assignment to a unit of the Selected Reserve for a minimum of
       6 years in a bonus unit (800th Military Police Brigade) and a bonus
military occupational specialty (MOS) of 71D (Legal Specialist) for a cash
bonus of $3,000.  In section VII (Termination), he was informed that his
entitlement to the enlistment bonus would be terminated if he separated
from his enlisted status in the Selected Reserve for any reason.

5.  In Section III (Acknowledgement) of his DA Form 5261-4-R (Student Loan
Repayment Program Addendum) the applicant acknowledged that he was
contracting for completion of initial active duty for training with the
800th Military Police Brigade in MOS 71D which Headquarters, Department of
the Army had approved for a maximum of $10,000 in loan repayments.  In
Section IV (Obligation), he agreed to serve satisfactorily the obligated
term of service in    the Selected Reserve according to his enlistment
agreement.  In Section VII (Termination), he acknowledged he understood
that the terms of this addendum would remain in force as long as he
continued to participate satisfactorily under a contractual agreement as a
member of the Selected Reserve.  He further understood that the terms of
the agreement and his entitlement to loan repayment under the SLRP would be
terminated should any of several conditions occur, including enlisting in
the Regular Army.

6.  In the applicant's U. S. Army Recruiting Command (USAREC) Form 1043
(Statement of Understanding United States Army Reserve USAREC Policy
Addendum), he acknowledged that he was advised and understood that should
he later apply for enlistment into the Regular Army, that current Army
policy stated USAR members are not offered the following incentives that he
might otherwise be eligible for had he not joined the Army Reserve:
Enlistment Cash
Bonus - Regular Army; Loan Repayment Program - Regular Army; and Army
College Fund - Regular Army.

7.  In paragraph 5 of the applicant's DA Form 3286-67 (Statement of
Understanding (Army Policy)), the applicant initialed that he was enlisting
for the MGIB and the Loan Repayment Program.

8.  All of the above USAR enlistment documents are dated 22 June 1996.  The
guidance counselor on all the above USAR enlistment documents was Sergeant
First Class L___.

9.  The applicant enlisted in the Regular Army on 16 August 1996 in MOS 75B
(Personnel Administration Specialist).  His recruiter/counselor was
Sergeant First Class S___.  With this enlistment packet, the applicant
provided the same DA Form 3286-67, dated 22 June 1996 with Sergeant First
Class L___ as the guidance counselor, as noted in paragraph 5 above.

10.  On 24 April 1998, the applicant was honorably released from active
duty by reason of a defective enlistment agreement.

11.  The applicant's available Retirement Points Summary, beginning with
retirement year 1 June 1999, shows that he earned membership points only
for the period 1 June 1999 through 17 August 2004 (no inactive duty
training or active duty points).

12.  By letter dated 13 February 2004, USAHRC informed the applicant that
the $1,200 he had paid into the MGIB would be refunded to him.

13.  The applicant was honorably discharged from the USAR on 17 August
2004.

14.  The SLRP provides for the repayment by the Government of a designated
portion of any outstanding student loan(s) secured after 1 October 1975.
To be eligible for the SLRP incentive, a person must contractually obligate
himself or herself to serve satisfactorily, must serve in a reserve unit
for a full term of the contractual agreement and must further obligate
himself or herself to continue to serve in the same component and the same
MOS unless excused for the convenience of the Government.  Entitlement to
the SLRP will stop if the Soldier is separated from the Selected Reserve.

15.  Army Regulation 135-178 (National Guard and Army Reserve -- Enlisted
Administrative Separations) describes the Delayed Entry Program as a
program
where Soldiers may enlist and who are assigned to the USAR Control Group
(Delayed Entry) until they enlist in the Regular Army.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's 22 June 1996 enlistment contract is very clear that he
was not enlisting in the Delayed Entry Program but was enlisting in the
Selected Reserve. In particular, on his DA Form 5261-4-R he acknowledged
that he was contracting for completion of initial active duty for training
with the 800th Military Police Brigade in MOS 71D which Headquarters,
Department of the Army had approved for a maximum of $10,000 in loan
repayments; that he agreed to serve satisfactorily the obligated term of
service in the Selected Reserve according to his enlistment agreement; and
that he acknowledged he understood that the terms of the agreement and his
entitlement to loan repayment under the SLRP would be terminated should any
of several conditions occur, including enlisting in the Regular Army.

2.  In his USAREC Form 1043, the applicant further acknowledged that he was
advised and understood that should he later apply for enlistment into the
Regular Army current Army policy stated USAR members were not offered the
Loan Repayment Program that he might otherwise have been eligible for had
he not joined the Army Reserve.

3.  The applicant has been refunded the monies he contributed to the MGIB.
The available evidence of record shows he terminated entitlements to the
SLRP and the cash enlistment bonus when he enlisted in the Regular Army and
that he was aware those entitlements would be terminated when he enlisted
in the Regular Army.

4.  The available evidence of record further shows that the applicant did
not serve in the Selected Reserve (at least from 1 June 1999 until he was
discharged from the USAR on 17 August 2004) even after he was released from
active duty in April 1998.  According to the enlistment contract he signed,
he was required to serve 6 years in the Selected Reserve (in a particular
unit and MOS) to qualify for the SLRP or the enlistment bonus.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 24 April 1998; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on          23 April 2001.  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
timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__mhm___  __le____  __cak___  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.




            __Melvin H. Meyer_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040008868                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050609                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |112.12                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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