IN THE CASE OF:
BOARD DATE: 23 February 2012
DOCKET NUMBER: AR20120002311
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).
CONSIDERATION OF ADDITIONAL EVIDENCE:
14. On 7 February 2012, the applicant submitted an inquiry to address his previous request to retain the Student Loan Repayment Program (SLRP) in regard to the decision of the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20110013223, dated 31 January 2012.
15. His record contains a DA Form 5261-4 (SLRP Addendum), dated
8 December 2006. This document shows the following:
a. Section III (Acknowledgment) He was contracting for completion of initial active duty for training and qualification in military occupational specialty (MOS) 38B (Civil Affairs Specialist) which Headquarters, Department of the Army had approved for a maximum of $20,000.00 in loan repayments.
b. Section IV (Obligation) He was enlisting for 6 years in the U.S. Army Reserve (USAR) and agreed to serve his initial 6 years in the Selected Reserve in the MOS indicated in section III of the SLRP Addendum.
c. Section V (Entitlement) He understood repayment of the qualifying student loan(s) will be made after each year of satisfactory service in the Selected Reserve after securing the loan(s) and reaching the anniversary date of this agreement. He further understood his eligibility for the $20,000.00 SLRP was based on the MOS as shown in section III of the SLRP Addendum and he would be subject to reduced benefits if he moved to an MOS not eligible for this amount.
d. Section VII (Termination) He understood that the terms of the SLRP agreement and entitlement to loan repayment under the SLRP would be terminated if he failed to become MOS qualified within 24 months if required to attend a service school, following a voluntary reassignment to a position in an MOS other than that for which he had contracted; or if he was separated from his enlisted status in the Selected Reserve, for any reason, except for an authorized period of nonavailability.
e. Section VIII (Statement of Understanding) He read and understood each of the statements as outlined in the SLRP Addendum. Any other promise, representation, or commitments made to him in connection with his enlistment, reenlistment, or extension for the SLRP had been entered in section IX (Certification by Service Representative) in his own handwriting, or have been waived. The applicant signed the addendum and added no other promises or agreements.
f. Section VIII The service representative verified that the applicant met the eligibility requirements, and the MOS for which he was contracting was eligible for designated portion authorized for loan repayment shown in section III. No other promises were made to the applicant as a condition of entitlement under the SLRP.
ADDITIONAL DISCUSSION AND CONCLUSIONS:
5. At the time of the decision of the ABCMR in Docket Number AR20110013223, dated 31 January 2012, it was the intent of the ABCMR to make the applicants record as administratively correct as it should properly have been at the time.
6. The ABCMR's decision in Docket Number AR20110013223 failed to address his request to retain his entitlement to the $20,000.00 SLRP.
7. His entitlement to retain the $20,000.00 SLRP was contingent upon successful qualification in MOS 38B and an agreement to serve in that MOS for a period of 6 years in the Selected Reserve. His addendum stated his student loan(s) would be paid beginning after each successful year for which qualified and serving in his MOS.
8. The addendum further stated his entitlement to the SLRP would be terminated if he failed to become MOS qualified within 24 months of the agreement.
9. There is no evidence and he did not provide sufficient evidence to show he was awarded MOS 38B, which was a Headquarters, Department of the Army approved MOS for the SLRP.
10. As such, he is not entitled to this portion of the requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X____ __X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
3. The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice in regard to the Student Loan Repayment Program. As such, the evidence is insufficient to warrant amendment of the decision of the Army Board for Correction of Military Records set forth in Docket Number AR20110013223, dated 31 January 2012.
_________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) AR20120002311
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
SUPPLEMENTAL RECORD OF PROCEEDINGS
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ABCMR Supplemental Record of Proceedings (cont) AR20120002311
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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