IN THE CASE OF:
BOARD DATE: 20 May 2010
DOCKET NUMBER: AR20100012703
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, correction of her records to show she is eligible for Student Loan Repayment Program (SLRP) benefits.
2. The applicant states she incurred student loan debt thinking she was entitled to the benefit written into her contract. She states that she attempted to activate her student loan repayment benefits in 2009 and was told that she was ineligible for the benefit because her MOS was not listed for the SLRP at the time she reenlisted. She further states, in effect, that a corrected Selected Reserve Incentive Program (SRIP) list for the same year showed her military occupational specialty (MOS) was not listed for the SLRP at the time she reenlisted.
3. The applicant provides a copy of her DD Form 4 (Enlistment/ Reenlistment Document), DA Form 3540 (Certificate and Acknowledgment of U.S. Army Reserve Service Requirements and Methods of Fulfillment), DA Form 5261-2-R (SRIP - Reenlistment/Extension Bonus Addendum), DA Form 5261-4-R (SLRP Addendum), a memorandum requesting exception to policy for the SLRP, and a memorandum denying the request for exception to policy.
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show that she enlisted in the Army Reserve on 1 July 1993. She was awarded the military occupational specialty of medical specialist. The highest rank/grade she has held is sergeant first class/E-7.
2. The applicant's records show she was awarded the MOS 79V (retention and transition NCO) effective 11 April 2003.
3. The applicant's military records show she reenlisted on 10 July 2006 for an indefinite period of service. The effective date of the reenlistment was 3 June 2007. The applicant's reenlistment documents included:
a. A DD Form 4;
b. A DA Form 3540 which shows she reenlisted for a minimum period of service of 72 months with a bonus in the amount of $15,000;
c. A DA Form 5261-2-R; and
d. A SLRP Addendum indicating in connection with her reenlistment she was entitled to loan repayment under the Student Loan Repayment Program. It shows she agreed to serve a minimum of three years in the Selected Reserve in MOS 79V for a maximum of $10,000 in loan repayment benefits.
4. A memorandum from the Headquarters, U.S. Army Reserve Command (USARC), Deputy Chief of Staff (DCS), G-1, dated 8 December 2009, shows that a request for an exception to policy to authorize the applicant the SLRP was disapproved. The USARC DCS, G-1 states the Fiscal Year 2006 SRIP guidance for 24 February through 30 September 2006 did not authorize the SLRP for MOS 79V. The USARC DCS, G-1 stated that the applicant could elect to:
* Remain in the unit without benefit of the SLRP
* Request discharge in accordance with the regulatory guidance
* Apply to the ABCMR to pursue any perceived injustice
5. The SLRP provides for the repayment by the Government of a designated portion of any outstanding student loan(s) secured after 1 October 1975. The loan amount to be repaid each year will not exceed 15 percent of the original balance of the loan plus accrued interest, or $500.00, whichever is greater, plus the accrued interest. Payments will be made for each year of satisfactory service in the Selected Reserve after securing the loan (s). To be eligible for the SLRP incentive, a person must contractually obligate himself to serve satisfactorily and must serve in the Selected Reserve for a full term of the contractual agreement. A soldier will not be eligible for any initial or subsequent loan repayments unless he or she is qualified for and serving in a HQDA approved MOS.
6. Army Regulation 135-7 (Incentive Programs) restricts the SLRP to those Reservists who either enlist or reenlist for a skill or unit approved by the Department of the Army and disseminated to the field by a list of MOSs and units, which is updated on a periodic basis. This educational incentive may only be elected at the time of enlistment or reenlistment. This incentive pays a limited sum of money to a lending institution on the anniversary date of an enlistment or reenlistment. These payments continue on a yearly basis unless the Soldier loses eligibility by no longer serving in the approved MOS or unit.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows that the applicant reenlisted in the U.S. Army Reserve for an indefinite period of service of not less than 6 years in MOS 79V with a reenlistment bonus in the amount of $15,000 and the SLRP option with a maximum amount of $10,000 in loan repayments.
2. The applicant's reenlistment contract shows she contracted for the SLRP in MOS 79V, which was not a HQDA approved MOS for this incentive at the time she signed the agreement. The Comptroller General of the United States has ruled in similar cases that although a service member may have been misinformed about his or her entitlements, the Government is not liable for erroneous actions of its officers, agents, or employees in the performance of their official duties.
3. To grant the applicant's request would be giving her a benefit not provided to other soldiers who reenlisted at the time in MOS 79V. As such, there is insufficient basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
_____x___ ____x____ ____x____ 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 for correction of the records of the individual concerned.
_______ _ __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) AR20100012703
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ABCMR Record of Proceedings (cont) AR20100012703
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