BOARD DATE:	  20 November 2012

		DOCKET NUMBER:  AR20120012983 


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 correction of her record to show she enlisted in July 1984 under the Student Loan Repayment Program (SLRP) vice the Enlistment Education Assistance Incentive.

2.  The applicant states:

* When she enlisted in July 1984, her contract authorized her an educational assistance incentive
* She enrolled in college and graduated with a Bachelor of Science in Social Work
* In March 2000, she received a direct commission in the U.S. Army Reserve (USAR) and she has been an active participant since that time
* While mobilized, she learned that she may have been eligible for the SLRP
* The USAR G-1 told her she was ineligible for the SLRP because she did not request her incentive in a timely manner
* She was also told because she did not do so, she is ineligible to convert the enlistment incentive into an SLRP incentive
* She still owes $8,325 worth of loans and the correction would help defray some of the cost

3.  The applicant provides:

* DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) and allied documents
* DA Form 71 (Oath of Office - Military Personnel)
* Army Reserve Personnel Command (ARPC) Form 249-E (Chronological Statement of Retirement Points)
* Mobilization orders and amendments
* Loan letter

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show she enlisted in the USAR for 8 year on 23 July 1984.  Her enlistment contract shows she enlisted for military occupational specialty (MOS) 91A (Medical Specialist), and for assignment to the 349th Combat Support Hospital, St. Petersburg, FL.

2.  Section VI (Enlistment Options Accepted) of her DD Form 1966/7 (Application for Enlistment - Armed Forces of the United States) shows in item j (Specific Options/Programs Enlisted For) the entry "6x2 Enlistment Option, SRIP (Education)." 

3.  She also completed a DA Form 5261-1-R (Selected Reserve Incentive Program - Educational Assistance Addendum) wherein she acknowledged in:

	a.  item IV (Obligation) that she understood upon accepting this incentive, she must enlist for 6 years and must satisfactorily serve the complete 6 years in the Selected Reserve according to her agreement. 

	b.  item VII (Termination) the entitlement would be terminated if prior to fulfilling her enlistment agreement and obligation if she did not complete a total of 6 years as a Reserve or she completed a course of study leading to the award of a single baccalaureate degree or an equivalent non-degree program of study.

4.  She was enrolled at the University of Tampa from the Fall semester 1986 through graduation with a Bachelor of Arts on 5 May 1990. 

5.  Her USAR records from 1984 through 2000 are not available for review with this case.  However, her current ARPC 249-E shows she was an active participant in the USAR.

6.  On 8 January 2011, she applied for a USAR commission.

7.  On 11 March 2011, she was appointed as a Reserve commissioned officer, Medical Services Corps, and she executed on Oath of Office on the same date.

8.  She served in a variety of stateside or overseas assignments, including periods of mobilization, and she was promoted to major on 27 July 2012. 

9.  On 30 August 2012, an advisory opinion was obtained from Headquarters, USAR Command, Fort Bragg, NC, in the processing of this case.  An official recommended disapproval and stated the applicant is not eligible to receive the SLRP in lieu of the Education Assistance Incentive she contracted for on 23 July 1984.  In accordance with the Educational Assistance Addendum Section VII (Termination) and Army Regulation 135-7 (Incentives Programs), paragraph      3-2(3), she was ineligible to receive the educational assistance payments after completion of 6 years of total service in the USAR.

10.  The applicant was provided a copy of this advisory opinion and she did not respond. 

11.  Army Regulation 135-7 establishes the criteria for incentives for enlistment in the Army National Guard and the USAR.  It states in paragraph 3-2(3) that Soldiers may receive educational assistance payments until completion of
6 years of total service in the Reserve. 

12.  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 is 15% of the original balance of the loan plus accrued interest not paid by the Department of Education, or $500.00 plus the accrued interest not paid by the Department of the Education, whichever is greater.  Payments will be made for each year of satisfactory service in the Selected Reserve.  To be eligible for the SLRP incentive, a person must contractually obligate himself or herself to serve satisfactorily, must serve in a Reserve unit for a full term of the contractual agreement, and 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.  Entitlement to the SLRP will stop if the Soldier is separated from the Selected Reserve.  Each complete satisfactory year of service performed under this SLRP agreement establishes an anniversary date.  Any qualifying loan which is at least one year old may then be paid in accordance with the terms of this educational enlistment incentive.

DISCUSSION AND CONCLUSIONS:

The evidence of record confirms the applicant enlisted in the USAR for an Educational Assistance incentive 30 years ago.  She was eligible to receive this incentive until she completed 6 years of total service in the USAR.  It cannot be determined at this late date why she did not enlist for the SLRP.  The applicant completed her initial enlistment of 6 years and she went on to serve as a commissioned officer in March 2001.  Since she has passed the initial 6-year mark, she is no longer eligible to receive a benefit under that option, and she is equally ineligible to convert it to another option. 

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)                                         AR20120012983



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ABCMR Record of Proceedings (cont)                                         AR20120012983



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