IN THE CASE OF:
BOARD DATE: 21 October 2014
DOCKET NUMBER: AR20140016624
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, correction of his military records to show that he reenlisted in the qualifying military occupational specialty (MOS) of 42A3O (Human Resources Specialist) for the student loan repayment program (SLRP).
2. The applicant states, in effect, his reenlistment contract clearly shows he was offered the SLRP. The SLRP addendum was initialed and signed by him and the reenlistment counselor. The MOS was not a qualifying MOS and he has been denied the SLRP. He requests that his contract be honored and that he be allowed to receive the SLRP. He further contends that he has been fighting for the SLRP for 2 years.
3. The applicant provides copies of:
* USAR Form 130-R (Reenlistment Eligibility Worksheet), dated 21 November 2011
* DD Form 4/1/2/3 (Enlistment/Reenlistment Document -Armed Forces of the United States), dated 22 November 2011
* DA Form 3540 (Certificate and Acknowledgment of United States Army Reserve (USAR) Service Requirements and Methods of Fulfillment), dated 22 November 2011
* DA Form 5261-4-R (SLRP Addendum), dated 22 November 2011
* Memorandum for Record, Army Reserve Careers Division, subject: Army Reserve Backpack Accountability, undated
* Letter from the Deputy Chief of Staff, G1, USAR Command to the applicant's Congressman, dated 12 August 2014
CONSIDERATION OF EVIDENCE:
1. At the time of his application, the applicant was serving as a staff sergeant, pay grade E-6 in a troop program unit in Mustang, OK.
2. A DD Form 4/1/2/3 dated 22 November 2011 shows the applicant reenlisted in the USAR for a period of 6 years.
3. A DA Form 5261-4-R, dated 22 November 2011, shows the applicant agreed to serve in MOS 42A3O and acknowledged he was to receive $20,000.00 in loan repayments based on MOS 42A3O. The form was initialed by the applicant in the appropriate sections pertaining to his agreement. The form was also signed by both the applicant and the recruiting official.
4. In a letter, dated 12 August 2014, from the G-1, USAR Command informed the applicant's Congressman that the SLRP as contracted by the applicant was erroneously offered. The applicant's MOS of 42A3O was not on the Department of the Army approved Selected Reserve Incentive Program list. The letter further stated that if the applicant believed there was a breach of contract, he may elect to either remain in his unit as a drilling Reserve Soldier without receiving the SLRP, or he may apply to the Army Review Boards Agency for a correction of his military records for relief.
5. Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) provides that when a breach of enlistment commitment occurs, the Soldier has a reasonable time, normally a period of 30 days, to present a claim. The time starts from the date the member discovers the breach.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his military records should be corrected to show that he reenlisted in a qualifying MOS of 42A3O for the SLRP.
2. The available evidence shows the applicant signed a reenlistment contract that included an SLRP addendum based on MOS 42A3O. However, it was subsequently determined that this MOS did not qualify for the SLRP. Accordingly, this portion of his contract was deemed to be erroneous. The USAR Command G-1 informed him he could simply serve out his contract without the SLRP or seek relief from this Board.
3. Because the applicant's MOS did not qualify for the SLRP, it would be inappropriate to grant him relief by authorizing a $20,000.00 SLRP.
4. However, as a matter of equity, the applicant should be afforded the opportunity to request an immediate termination of the remainder of his reenlistment contract. Furthermore, he should be permitted to enter into a new reenlistment contract if he desires and is otherwise qualified. He should be afforded a reasonable period of 90 days from the date of this directive to decide and initiate his request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X___ ____X___ ____X__ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by affording him the opportunity, within a 90-day period from this directive, to request an immediate termination of the remainder of his reenlistment contract. Furthermore, he should be permitted to enter into a new reenlistment contract if he desires and is otherwise qualified.
2. The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to showing he is authorized a $20,000.00 Student Loan Repayment Program based on award of MOS 42A3O.
_______ _ 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) AR20140016624
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