IN THE CASE OF:	

		BOARD DATE:	  3 March 2011

		DOCKET NUMBER:  AR20100017705 


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 enlistment contract and Student Loan Repayment Program Addendum be corrected to show he enlisted for military occupational specialty (MOS) 71L (Administrative Specialist) with additional skill identifier (ASI) "FS" (Postal Operations) instead of MOS 71L with special qualification identifier (SQI) "P" (Airborne or Parachutist).

2.  The applicant states:

* the counselor made an error in thinking MOS 71LP was the correct MOS for Postal Operations School
* he completed Postal Operations School in November 1999 and thought he met all obligations to earn his $20,000.00 entitlement to the Student Loan Repayment Program (SLRP)
* his initial claim for SLRP payment was denied due to him not being MOS qualified as per his MOS addendum agreement
* his contract has the incorrect MOS code
* thanks to the help of two U.S. Senators, he has been informed he is still eligible for SLRP upon the correction of his records

3.  The applicant provides:

* DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States), dated 20 October 1998


* DA Form 5261-4-R (Student Loan Repayment Program Addendum), dated 20 October 1998
* letter from the 88th Regional Support Team, St. Louis, MO, dated 18 November 2004
* letter from U.S. Army Human Resources Command, St. Louis, MO, to a Member of Congress, dated 19 March 2010
* Letters from Members of Congress, dated 22 March 2010 and 13 April 2010
* letter from the Office of the Chief of Legislative Liaison, Washington, DC, to a Member of Congress, dated 7 April 2010

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's enlistment contract shows he enlisted in the U.S. Army Reserve (USAR) on 20 October 1998 for a period of 8 years for MOS 71LP.  His DA Form 5261-4-R shows he enlisted for the SLRP incentive for MOS 71LP.

3.  DA Form 1059 (Service School Academic Evaluation Report), dated 17 November 1999, shows he completed the Postal Operations 510-ASI FA (F) Course.  This form also states he is authorized award of ASI "F5."

4.  Orders, dated 17 November 1999, show he was awarded primary MOS 71L1OFS effective 17 November 1999.

5.  In 2002, his initial claim for SLRP payment was denied by the USAR Pay Center, Fort McCoy, WI, due to his not being MOS qualified as per his MOS addendum agreement.



6.  He was honorably discharged from the USAR on 22 January 2003.

7.  No evidence shows he qualified for SQI "P."

8.  In the processing of his case, an advisory opinion was prepared by the Incentives and Budget Branch, Enlisted Accessions Division, Office of the Deputy Chief of Staff, G-1, Headquarters, Department of the Army, Washington, DC.  The opinion confirms MOS 71LF5 was included in both the 1998 and 1999 Selected Reserve Incentives Program and was eligible for the SLRP at the $20,000.00 level.  The advisory opinion recommended his records be corrected to show he enlisted in MOS 71LF5 and he was eligible for the SLRP at the $20,000.00 level.

9.  A copy of the advisory opinion was provided to the applicant for information to afford him the opportunity to submit comments or a rebuttal.  He did not respond within the given time frame.

10.  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.

11.  Title 10, U. S. Code, section 1552, the law which provides for the Board, states that "The Secretary may pay, from applicable current appropriations, a claim for the loss of pay, allowances, compensation, emoluments, or other pecuniary benefits, or the repayment of a fine or forfeiture, if, as a result of correcting a record under this section, the amount is found to be due the claimant on account of his or another's service in the Army, Navy, Air Force, Marine Corps or Coast Guard, as the case may be."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions were carefully considered and appear to have merit.

2.  Since evidence shows he completed training and was authorized award of ASI "F5" on 17 November 1999 and no evidence shows he qualified for SQI "P," it appears his DD Form 4 and DA Form 5261-4-R which show he enlisted for MOS 71LP are incorrect.



3.  It would be equitable to correct his DD Form 4 to show he enlisted for MOS 71LF5 and to correct his DA Form 5261-4-R to show he enlisted for the SLRP for MOS 71LF5.  

4.  The applicant did not indicate if he has already paid off his student loans nor did he indicate the amount of his student loans, and the Government will normally only pay the lending institution.

5.  The applicant's military records should be corrected to show his DA Form 5261-4-R, was also amended to include the sentence, "If a student loan is later determined to not be eligible for payment for any reason, the ABCMR may pay the loan, at its sole discretion, in accordance with Title 10, U.S. Code, section 1552."  This would allow the Board to invoke that provision and pay him the amount his lending institution would have been paid under the SLRP if he has, in fact, paid off his loans.

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:

	a.  amending his enlistment contract to show he enlisted for MOS 71LF5;

	b.  amending his DA Form 5261-4-R to show he enlisted for the SLRP for MOS 71LF5 and further amended to include the sentence, "If a student loan is accepted by the officials processing you for enlistment as payable under the SLRP and the government fails to verify that all other enlistment documents are properly prepared so as to enable the loan to be repaid and such failure results in nonpayment of the loan by the SLRP or the repayment or default of the loan, the ABCMR may pay the loan, at its sole discretion, in accordance with Title 10, U.S. Code, section 1552"; and 

	c.  As a result of the foregoing correction the Defense Finance and Accounting Service (DFAS) shall remit payment to the applicant and/or his lending institution the total amount of his student loans up to the amount of $20,000.00.  He will be required to submit the appropriate evidence (promissory notes, etc. and/or evidence to show he paid off the loans) to DFAS.  



      ____________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)                                         AR20100017705



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ABCMR Record of Proceedings (cont)                                         AR20100017705



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