RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            NOVEMBER 9, 2004
      DOCKET NUMBER:    AR2004100729


      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. Luis Almodova                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Mark D. Manning               |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |Member               |
|     |Mr. Leonard G. Hassell            |     |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, that the contract that she entered
into with the Army, when she enlisted on 28 February 1996, be honored and
that her student loans be paid.

2.  The applicant states, in effect, that she went to the Military Entrance
Processing Station (MEPS) on 24 February 1996, to join the Army Reserve.
She completed most of her paperwork that day but had to leave and, she
returned on 28 February and completed the "packet" and paperwork.  Most of
the dates that had been entered were overwritten with the 28th, except for
the Student Loan Repayment Program (SLRP) addendum.  She further states
that she had the SLRP as an entitlement to her MOS (Military Occupational
Specialty) 77F.  She served her enlistment with Company A, 365th Engineer
Battalion (UIC: WS5EA0).  She served for 6 years and chose to get out to
pursue her education on a full time basis.

3.  The applicant submitted a copy of nineteen enlistment-related
documents, a copy of her DD Form 214, Certificate of Release or Discharge
from Active Duty, and a copy of orders, which reassign her to the U.S. Army
Reserve Control Group (Annual Training).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice that
occurred on 24 February 1996.  The application submitted in this case is
dated 9 January 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 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 US Army Reserve, for 8 years, on
28 February 1996.  On 21 March 1996, the applicant was ordered to active
duty for training.  She successfully completed basic training and advanced
individual training (AIT).  On completion of her AIT at Fort Lee, Virginia,
she was awarded the military occupational specialty (MOS) 77F, Petroleum
Supply Specialist.

4.  The applicant was honorably released from active duty for training and
was returned to her unit, Company A, 365th Engineer Battalion, in New
Cumberland, Pennsylvania, on 31 July 1996, in the rank and pay grade,
Private, E-1, under the provisions of Army Regulation (AR) 635-200, Chapter
4.

5.  The applicant continued to serve with the 365th Engineer Battalion
until she completed her contractual obligation to serve with that unit and,
on 28 February 2002, she was reassigned to the U.S. Army Reserve Control
Group (Annual Training), St. Louis, Missouri, to complete her Reserve
military obligation.

6.  The enlistment-related documents, which the applicant submitted and
which require a date, show a variation of the date, 28 February 1996 (i.e.,
96 FEB 28, 960228, 96/02/28) with exception of DA Form 5261-4-R, Student
Loan Repayment Program Addendum, and DD Form 1966/2, Record of Military
Processing – Armed Forces of the United States.  The DA Form 5261-4-R has
the date 960224 (24 February 1996) entered in two spaces.  The DD Form
1966/2 has the date 960222 entered in Item 28 (Certification of Applicant)
and 960223 entered in Item 30 (Certification of Witness).

7.  The Student Loan Repayment Program Addendum, that the applicant
completed states, in Section III, Item 1.b.(2)(a) that she was approved for
a maximum of $10,000 in loan repayments in connection with her enlistment
in the Army Reserve.

8.  Although the applicant has stated that she was denied payment of her
student loans, she did not provide a copy of the correspondence.  Denial of
payment of her student loans was verified by the contents of the advisory
opinion that was provided in connection with the processing of her
application.

9.  In the advisory opinion that was provided by the Montgomery GI Bill /
Student Loan Repayment Program Incentives Program Manager, Actions and
Services, he stated that the Reserve Component Pay Support Office (RCPSO),
Fort McCoy, Wisconsin, "refuses to pay her claim to the benefit because the
date is different from the rest of the dates – which were changed.  I
believe this was an unintentional mistake by the guidance counselor that
worked her case and should not be held against her.  In my opinion, RCPSO
should honor [the applicant's] claim to back payments for her student loans
that are several years old now."

10.  The advisory opinion was provided to the applicant for her information
and possible rebuttal on 13 April 2004.  The applicant concurred with the
staff action that was rendered in her case on 23 April 2004.

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted for the SLRP enlistment incentive as part of her
enlistment in the Army Reserve.

2.  The applicant's assertion, that she began processing for enlistment in
the Reserve on 24 February 1996 and did not complete the process until
28 February 1996 is convincing.  The dates on her enlistment-related
documents were changed from 24 February 1996 to 28 February 1996.

3.  Due to an apparent administrative oversight, the date on the Student
Loan Repayment Program Addendum was not changed.  This form still reflects
the date, 24 February 1996.

4.  Because the date on the Student Loan Repayment Program Addendum was not
changed to reflect the same date as the date of the applicant's enlistment
in the Reserve, payment of her student loans was denied.

5.  The applicant is entitled to payment of her eligible student loans up
to the maximum allowable amount of $10,000 in accordance with the provision
of her contract.

6.  The evidence shows that the applicant entered into an erroneous
contract with the Army, through no fault of her own, based on the failure
of the recruiter and guidance counselor to change the date on the Student
Loan Repayment Program Addendum to coincide with the changes made on other
enlistment-related documents.  Given the failure by the recruiter and
guidance counselor to change the date on this form to conform with other
changes made, the Board concludes that it would be appropriate to rectify
the resultant injustice to the applicant at this time.  The Board finds
that it would be equitable and in the interest of justice to provide the
applicant the SLRP benefits committed to her in the enlistment contract at
the time of her enlistment.

7.  This Board exercises broad discretion and authority under Title 10, US
Code, Section 1552, which includes the authority to amend the date on the
applicant’s DA Form 5261-4-R, Student Loan Repayment Program Addendum.  The
date on
the DA Form 5261-4-R will be changed from 24 February 1996 to 28 February
1996 to coincide with the date entered on other enlistment-related
documents.  The amendment of the DA Form 5261-4-R and invocation of the
provision of Title 10, US Code, Section 1552, will allow the Reserve
Component Pay Support Office, Fort McCoy, Wisconsin, to pay the lending
institutions, in behalf of the applicant, the amount that would have been
paid towards satisfaction of outstanding student loan(s), verified at the
time of her enlistment or pay the applicant the amount that would have been
payable, if the loans have since been repaid by the applicant.

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

BOARD VOTE:

mdm____  lgh__ ___  lds  _____  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by:

      a.  amending the DA Form DA Form 5261-4-R by changing the dates from
24 February 1996 to 28 February 1996 to coincide with the date shown on all
other enlistment-related documents.

      b.  directing that the applicant submit the appropriate evidence, in
the form of promissory notes, etc. to the Reserve Component Pay Support
Office to determine the amount due on the loans addressed by these
proceedings; and

      c.  directing that in accordance with Title 10, US Code, section 1552,
the Reserve Component Pay Support Office make payment to the applicant
and/or
the lending institution(s), as appropriate, for the total amount of
outstanding eligible student loans that would have been payable during her
enlistment.





            ____Mark D. Manning____
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR2004100729                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041109                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  23   |103.0000                                |
|2.  1018                |103.0100                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |



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