IN THE CASE OF:	  

		BOARD DATE:	  8 October 2009

		DOCKET NUMBER:  AR20090009088 


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, in effect, payment of college loans under the terms of the Student Loan Repayment Program (SLRP) guaranteed in his reenlistment contract.  

2.  The applicant states, in effect, that when he reenlisted in the United States Army Reserve (USAR) on 13 May 2002 for 6 years, he was told that he would receive $20,000 in college loan repayments in exchange for his commitment.  He further states that upon completion of his 6 year term of service and masters degree he submitted his application for loan repayment and was told that his enlistment contract was incorrect and he was only eligible for $10,000 in SLRP benefits.

3.  The applicant provides a DA Form 5261-4-R, dated 13 May 2002; DD Form 214 (Certificate of Release or Discharge from Active Duty); memorandum of assignment; two reassignment orders; DD Form 2648 (Preseparation Counseling Checklist); SGLV 8282 (Servicemembers' Group Life Insurance Election and Certificate); DD Form 4/1 (Enlistment/Reenlistment Document); enlisted records brief; DA Form 1059 (Service School Academic Evaluation Report); promotion order; and two emails in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's enlistment/reenlistment document shows that he reenlisted in the USAR for a period of 6 years on 13 May 2002.
2.  A DA Form 5261-4-R (SLRP Program Addendum) dated 13 May 2002 shows that at the time of reenlistment he elected to participate in the SLRP.  It further shows he acknowledged based on his military occupational specialty (MOS) of 91W (Health Care Specialist) he would be entitled to a maximum of $20,000 in SLRP benefits.  An Army Career Counselor also signed this form attesting that the applicant's MOS was eligible for the designated portion authorized for loan repayment and that no other promises were made to the applicant.

3.  The applicant received an email, dated 4 August 2008, subsequent to his request for student loan repayment.  The email, from a USAR SLRP program representative, essentially denies him repayment of his student loan in the amount of $20,000 citing that his enlistment contract was erroneously executed and he was only eligible for $10,000 in loan repayments.

4.  In the processing of this case an advisory opinion was obtained from the Office of the Deputy Chief of Staff, G1, Incentives and Budget Branch Enlisted Accession Division, dated 24 August 2009.  The advisory opinion essentially states that USAR incentives are governed by the Selected Reserve Incentive Program (SRIP) memorandums which are approved twice annually.  It further states, at the time of the applicant's reenlistment, unless a Soldier with an MOS of 91W was also awarded an additional skill identifier (ASI) of N3, N9, P1, P2, P3, M6 or Y6, they were only entitled to a loan repayment of $10,000.  The advisory opinion recommends, given MOS 91W was authorized loan repayment at varying levels in 2002 and the confusion caused by the recruiters in this case, that the applicant be granted $20,000 in loan repayments.

5.  In a response to the G1 advisory opinion, the applicant provides a letter, dated 30 August 2009, which essentially states had he known that he was not going to receive $20,000 in college loan repayments for his 6 year reenlistment he would not have indebted himself to that extent.  He further states he did not question the integrity or credibility of the full time reserve recruiter who processed his reenlistment and he was never told that he would need a skill identifier to receive the full $20,000 amount.  He concludes by stating that he upheld his part of the contract, it was not his fault things occurred as they did, and that his enlistment contract should be honored for college loan repayment in the amount of $20,000.

6.  The applicant's record contains a DD Form 2366 (Montgomery GI Bill ACT of 1984), dated 14 July 1998, which shows he elected not to participate in the MGIB and that he understood he would not be able to enroll at a later date.



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 on active duty in specified military specialties.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he reenlisted for 6 years with an option for SLRP benefits in the amount of $20,000 and that he is entitled to this amount was carefully considered and found to have merit.  The applicant made his commitment in good faith based on his belief and his career counselor's confirmation that he would be entitled to $20,000 in SLRP benefits for a 6 year commitment in the Army Reserve.  

2.  It is clear that the SRIP in effect at the time of the applicant's reenlistment on 13 May 2002 did not authorize $20,000 in SLRP benefits for MOS 91W without an additional ASI.  However, the enlistment contract clearly established a contractual agreement between the applicant and the Army, which established that the applicant would receive $20,000 in SLRP benefits in connection with his 6 year reenlistment in the USAR in MOS 91W.

3.  The Office of The Deputy Chief of Staff, G-1 opines in its advisory opinion that although the applicant's MOS was not authorized $20,000 in college loan repayment without an additional ASI at the time of his reenlistment, based on the confusion of recruiters and the varying levels of SLRP in 2002, the applicant should receive $20,000 in SLRP benefits as implied in his enlistment contract.  

4.  As a result of the foregoing, it would be appropriate to grant the requested relief as an exception to policy and provide the applicant a total of $20,000 in college loan repayment benefits in conjunction with his 13 May 2002 reenlistment.  Payment of these benefits will be accomplished under the normal regulatory terms established for the administration of these incentives.  

BOARD VOTE:

____X____  ___X_____  ___X__  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the applicant is entitled to receive a total of $20,000 in SLRP benefits as an exception to policy as agreed to at the time of his reenlistment as indicated on the SLRP addendum to his enlistment contract.





      _______ _   X_______   ___
       	   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)                                         AR20090009088



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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