BOARD DATE:	  29 August 2013

		DOCKET NUMBER:  AR20130006098


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, payment of his student loans under the Student Loan Repayment Program (SLRP).

2.  The applicant states:

* he reenlisted in the U.S. Army Reserve (USAR) for 6 years on 9 April 2006
* he contracted for a reenlistment bonus and the SLRP
* 2 years after he signed his contract, he applied for his first payment of the SLRP
* his request was denied because the military occupational specialty (MOS) in which he reenlisted was not approved for the SLRP
* he has now completed the 6-year term he reenlisted for in 2006 and has reenlisted again
* he would like to know how a contract can be entered into between the Army and the reenlisting Soldier, and then deny the Soldier the benefit he contracted for after fulfilling the terms of the contract
* he went through his chain of command and he complied with all the necessary actions he was instructed to comply with
* he wants the Army to honor the contract it signed with him in 2006

3.  The applicant provides:

* self-authored statement regarding his previous history vis-à-vis the SLRP
* printout of a SLRP inquiry made on 9 May 2008
* DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States)
* DA Form 5261-4-R (SLRP Addendum)
* memorandum from the First Sergeant, 1013th Quartermaster Company, North Platte, NE, dated 18 April 2012, subject:  Exception to Policy, (Applicant's) SLRP Eligibility
* memorandum from the Commander, 561st Regional Support Group, Elkhorn, NE, dated 28 June 2012, subject:  Exception to Policy for (Applicant) for SLRP
* memorandum from the Human Resources Officer, 103rd Sustainment Command (Expeditionary), Des Moines, IA, dated 25 October 2012, subject:  Request Exception to Policy for SLRP Eligibility for (Applicant)
* memorandum from the Assistant Chief of Staff, G-1, Headquarters, 377th Theater Sustainment Command, Belle Chasse, LA, dated 9 December 2012, subject:  Request Exception to Policy for Student Loan Repayment for (Applicant)
* memorandum from the Acting Chief, Manning Division, U.S. Army Reserve (USAR) Command (USARC), Fort Bragg, NC, dated 19 February 2013, subject:  Exception to Policy for (Applicant)

CONSIDERATION OF EVIDENCE:

1.  On 20 September 2000, the applicant enlisted in the USAR.  He completed his initial entry training and was awarded MOS 57E (Laundry and Bath Specialist).  This MOS was later redesignated as MOS 92S (Shower/Laundry and Clothing Repair Specialist).  He is currently serving on active duty in the USAR Active Guard Reserve Program in the rank/grade of sergeant first class/
E-7.

2.  On 9 April 2006, he reenlisted in the USAR for a period of 6 years.  Together with his DD Form 4 and other allied documents, he signed a DA Form 5261-4-R, wherein he contracted for $10,000.00 of loan repayment as part of the SLRP, paid yearly in the amount of 15 percent of the original loan balance (not to exceed $1,500.00 per year) or $500.00, whichever is greater.

3.  He provides a printout of a SLRP inquiry made on 9 May 2008 which indicates he filed for repayment of his student loans on 22 February and 10 April 2008.  The printout indicates his requests for loan repayment were denied because his MOS was not authorized with the SLRP under the guidelines of the 2006 Selected Reserve Incentive Program (SRIP).  He was further advised to request an exception to policy from the Office of the Deputy Chief of Staff, G-1, USARC.

4.  He further provides numerous memoranda in support of his request for an exception to policy.  It appears that every level of his chain of command below USARC supported his request for an exception to policy.

5.  On 19 February 2013, USARC denied his request for an exception to policy because the SRIP in effect at the time of his reenlistment did not authorize the SLRP for his MOS.  The denial memorandum instructs him to apply to the ABCMR for relief.

6.  An advisory opinion was rendered by the Chief, Incentives and Budget Branch, Enlisted Accessions Division, Office of the Deputy Chief of Staff, G-1, Headquarters, Department of the Army, in the processing of this case, dated 9 April 2013.  This official recommended granting relief in this case, stating:

* a review of the 2006 SRIP shows that although the SLRP was available for non-prior service and prior-service recruits enlisting in MOS 92S, it was not available as a reenlistment option
* the applicant's contract erroneously listed an SRIP incentive
* he served the length of his contract and has since reenlisted again
* USARC denied the request for exception to policy despite its support from all subordinate levels of command
* the applicant should be granted relief

DISCUSSION AND CONCLUSIONS:

1.  The applicant executed a 6-year reenlistment in the USAR on 9 April 2006.  As part of his reenlistment, he executed a SLRP addendum.  His reenlistment contract and SLRP addendum were signed by a USAR Career Counselor.

2.  The applicant reenlisted in good faith and fulfilled the terms of his contract.  In this case, it was the USAR Career Counselor's responsibility to ensure the applicant's MOS was an authorized SLRP MOS under SRIP guidelines prior to finalizing the reenlistment and affixing signatures to the contract.  The applicant should not be penalized for the lack of due diligence exercised in this case.

3.  Any effort now to deny the applicant the benefit for which he contracted would be contrary to equity and good conscience and against the best interests of the Army and the Soldier.

4.  In view of the foregoing, the applicant's record should be corrected as recommended below.


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 to show he was granted an exception to policy for SLRP entitlement and paying his student loans in accordance with his contract.



      ___________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)                                         AR20120019427



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ABCMR Record of Proceedings (cont)                                         AR20130006098



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