IN THE CASE OF:	  

		BOARD DATE:	  14 December 2010

		DOCKET NUMBER:  AR20100013196 


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 his record be corrected to show he is eligible for Student Loan Repayment Program (SLRP) benefits promised in his enlistment contract.

2.  The applicant states he was approved to receive the SLRP incentive at the time of his reenlistment and it was included in his reenlistment contract of 9 August 2007.  He states he was unaware the military occupational specialty (MOS) he reenlisted for at the time was not included in the list of MOS's that authorized SLRP benefits.  

3.  The applicant provides the following documents in support of his application:

* DD Form 4 (Enlistment/Reenlistment Document) with addendums
* exception to policy request packet
* Reserve Incentive Program List, dated 1 May 2007

CONSIDERATION OF EVIDENCE:

1.  The applicant’s enlistment contract and allied papers confirm that he reenlisted in the U.S. Army Reserve (USAR) for 6 years on 9 August 2007.  The applicant's obligation included his serving the entire period of the enlistment in a Selected Reserve unit.

2.  The DA Form 3540 (Certificate of Acknowledgement of USAR Requirements and Methods of Fulfillment) completed with the reenlistment contract confirms a DA Form 5261-2-R (Reenlistment/Extension Bonus Regular Addendum) and a DA Form 5261-4-R (SLRP Bonus Addendum) were included with the contract.

3.  The SLRP addendum shows the applicant was authorized a maximum of $10,000.00 in loan repayments.  It further identified his obligation as serving his entire enlistment in the Selected Reserve in MOS 92A.  His entitlement was identified as a maximum of $10,000.00 in loan repayments during his military career.  The amount to be repaid each year would not exceed 15 percent of the original balance.  The applicant and a service representative (USAR Career Counselor) authenticated this document with their signatures on 9 August 2007.

4.  The guidance counselor confirmed in section IX (Certification by Service Representative) of the DA Form 5261-4-R that she verified the applicant met the eligibility requirements of Army Regulation 135-7 and that his MOS was currently eligible for the designated portion ($10,000.00) authorized for loan repayment in section III (Acknowledgement) of the form.

5.  The applicant submitted a request for SLRP benefits payment and was informed his MOS did not qualify for the SLRP payments.

6.  In February 2010, the applicant requested an exception to policy citing the authorization for SLRP benefits contained in his reenlistment contract.

7.  On 9 February 2010, the applicant's unit commander recommended approval of the applicant's exception to policy request.  The commander cited the fact that the applicant contracted for the SLRP as part of his reenlistment and the error in authorizing the benefit was through no fault of the applicant.

8.  On 25 March 2010, the U.S. Army Reserve Command Deputy Chief of Staff, G-1, disapproved the applicant's request for exception to policy.  He stated the applicant's MOS was not included in the list of MOS's authorized this incentive at the time of the applicant's reenlistment.  He further indicated the applicant could remain in his unit without SLRP or apply to this Board to pursue any perceived injustice.

9.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) prescribes eligibility criteria governing the enlistment of persons, with or without prior service, into the Regular Army, USAR, and Army National Guard.

10.  Chapter 6, section II, of Army Regulation 601-210 contains guidance on the guidance counselor processing phase.  It states that guidance counselors will verify the applicants' eligibility for enlistment and counsel applicants who failed to meet specific qualification for MOS, options, and assignments for which they applied and advise them of all other available options that would still meet the applicants' needs, wants, and desires as well at the needs of the Army.

11.  Army Regulation 135-7 (Incentive Programs) prescribes policies and procedures for the administration of the Army National Guard and the USAR incentive programs.

12.  Chapter 5 of Army Regulation 135-7 authorizes student loan repayment for qualified Selected Reserve enlisted personnel.  This incentive is offered to qualifying non-prior, prior, and in- service personnel upon signing a contractual agreement for a specified term of service in the Selected Reserve and executing a DA Form 5261-4-R (SLRP Addendum) between 1 October 1980 and 30 September 1981 and from 1 October 1982 until rescinded.

13.  Paragraph 5-1.4.1 of Army Regulation 135-7 outlines counseling requirements for the SLRP.  It states commanders will ensure a Soldier who contracts for the SLRP has been counseled by a service representative regarding the Soldier's obligations and responsibilities as cited in the DA Form 5261-4-R.  It further sates commanders should ensure the Soldier is aware that it is the Soldier's responsibility to make arrangements for deferment or forbearance with lenders or notes holders on loans which are falling due and initiate the request for loan(s) repayment during each year the Soldier meets the requirements cited on the DA Form 5261-4-R by completing a DD Form 2475 (Educational Loan Repayment Program (LRP) Annual Application) and submitting it to the personnel officials of his or her assigned command.

14.  Paragraph 5-1.5 of Army Regulation 135-7 outlines the Soldier's obligations to be eligible for the SLRP.  It states a person must:

* contractually obligate himself or herself to serve satisfactorily
* must serve in the Selected Reserve for the full term of the contractual agreement
* 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

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that the Army honor its written agreement authorizing him to receive the $10,000.00 SLRP benefits authorized in his reenlistment contract has been carefully considered and found to have merit.

2.  By law, the Secretary concerned may authorize the SLRP to eligible Soldiers in conjunction with enlistment/reenlistment in the Selected Reserve.  The law allows the Secretary concerned the latitude in establishing the criteria and eligibility for the SLRP.  The governing regulation stipulates that guidance counselors are required to verify the applicants' eligibility for enlistment and counsel applicants who failed to meet specific qualifications for MOS, options, and assignments, for which they applied and advise them of all other available options that would still meet the applicants' needs, wants, and desires as well as the needs of the Army.

3.  The evidence of record confirms the applicant entered into a reenlistment contract that included authorization for SLRP benefits not to exceed $10,000.00 on 9 August 2007 in conjunction with his entry into the USAR Selected Reserve in good faith.  It further confirms the responsible guidance counselor certified that she verified the applicant met the regulatory eligibility requirements for the SLRP and that his MOS was currently eligible for the designated portion ($10,000.00) authorized for loan repayment listed in the addendum.

2.  In view of the facts of this case, it would be appropriate and serve the interest of justice and equity to correct his record by showing the Army authorized him to receive the SLRP benefit in question as an exception to policy and to pay him any amounts due based on authorized qualifying student loans he has applied for and been denied.

BOARD VOTE:

____X____  ____X____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 Army authorizes him to receive the $10,000.00 SLRP benefits 

agreed to and authorized in the SLRP Addendum of 9 August 2007 and by providing him payment for all eligible qualifying loans he has applied for and been denied.



      ____________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)                                         AR20100013196



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ABCMR Record of Proceedings (cont)                                         AR20100013196



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