IN THE CASE OF:	  

		BOARD DATE:	        30 SEPTEMBER 2008

		DOCKET NUMBER:  AR20080007649 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests payment of student loans in the amount of $20,000. 

2.  The applicant states that he signed a contract in good faith stating that he would receive $20,000 towards student loan repayment over the course of          6 years; however, he has only received $10,000 thus far and has been told that his military occupational specialty (MOS) only qualifies for $10,000 and that is all he will receive in spite of his contract.  He goes on to state that he completed his 6-year contract and he expects the Army to complete its portion of the contract.  He also states that he served a tour in Iraq and the money (Student Loan Repayment Program) was used to ensure he reenlisted and it’s only fair that he receive what he was offered. 

3.  The applicant provides a copy of his discharge orders and associated documents, a copy of his automated personnel qualification record, a copy of his reenlistment contract, a copy of his chronological statement of retirement points, a copy of his evaluation report, and copies of developmental counseling forms. 

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the United States Army Reserve (USAR) on 8 March 1993 for a period of 8 years and training as a motor transport operator (88M).  He completed his training at Fort Jackson, South Carolina and was returned to his USAR unit in Mississippi.  He was promoted to the pay grade of E-6 on 7 January 2000.    

2.  On 3 November 2001, he reenlisted for a period of 6 years, a reenlistment bonus of $5,000 and participation in the Student Loan Repayment Program, (SLRP) for a maximum of $20,000 in loan repayments during his career.  

3.  On 2 November 2007, the applicant was discharged from the USAR upon completion of his obligated service.  

4.  A review of the available records has failed to show any indication that the applicant has been denied SLRP benefits.  

5.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) prescribes eligibility criteria governing the enlistment of persons, with or without prior service, into the Regular Army and the Reserve Component. Chapter 6, section II, contains guidance on the Guidance Counselor Processing Phase.  It states, in pertinent part, that Guidance Counselors will use the supporting automated systems and updated regulatory material applicable to MOS and available options to counsel all applicants on their enlistment options.  It further states that Guidance Counselors will counsel applicants who failed to meet specific qualifications for options for which they applied and advise them of other available options.

6.  Chapter 9 (Enlistment Programs/Options) indicates that these programs/ options are designed to merge valid Army requirements with personal desires.  Table 9-4 contains guidance on enlistment option program 9C (U.S. Army Incentive Enlistment Program/U.S. Army Loan Repayment Program).  It contains specific guidance pertaining to the USA LRP and indicates that the government will repay a designated portion of any loan incurred that was made, insured, or guaranteed under Part B of the Higher Education Act of 1965 (Guaranteed Student Loan) or any loan under Part E of such act (National Direct Student Loan), after 1 October 1975, and before enlistment.

7.  The SLRP is a Department of the Army enlistment option authorized by Title 10 of the United States Code, section 2171 (10 USC 2171), which provides the legal authority for the education loan repayment program for enlisted members in specified military occupational specialties.  The law states, in pertinent part, that loans that qualify for repayment are Guaranteed Student Loan/Stafford Loans, National Direct Student Loan/Perkins Loans, William D. Ford Loans, Supplemental Loans for Students, Federally Insured Student Loans (FISL), Parent Loan for Undergraduate Students (PLUS), Auxiliary Loan Assistance for Students (ALAS), and consolidated loans which fall under Title IV, Part B or E of the Higher Education Act of 1965, or William D. Ford Loan.  It further specifies that payment of such loans shall be made on the basis of each complete year of service performed as an enlisted member in a military occupational specialty specified by the Army.  The Government will not make any payments to the Soldier or reimburse a Soldier if he or she pays off a student loan.  The Government will only pay the lending institution.

DISCUSSION AND CONCLUSIONS:

1.  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 evidence that would satisfy this requirement.                    

2.  While the sincerity of the applicant’s claim that he is being denied SLRP benefits is not in doubt, the applicant has failed to show through the evidence submitted or the evidence of record that such is the case.  

3.  Inasmuch as there are restrictions on what loans qualify for payment under the SLRP, without evidence to show that he has been denied SLRP benefits by the appropriate authority, it would not be appropriate to grant the applicant the relief he is requesting.

4.  Therefore, in the absence of such evidence, there appears to be no basis to grant his request at this time.   

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__XXX __  __XXX__  __XXX__   DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1. 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.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States.  The applicant and all Americans should be justifiably proud of his service in arms.





      ___        XXX                ___
                CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080007649



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ABCMR Record of Proceedings (cont)                                         AR20080007649



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