MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            16 December 1999                 
	DOCKET NUMBER:    AR1999024040

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Mr. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Fred K. McCoy		Chairperson	
	Mr. Raymond V. O'Connor, Jr.		Member	
	Mr. Stanley Kelley		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  Payment of his HEAL (Higher Education Act Loan) student loans under the Loan Repayment Program (LRP).

APPLICANT STATES:  He was told by his recruiter and guidance counselor that his HEAL loans would be paid under the LRP.  He had enlisted specifically to have his student loans paid off.  He has since learned that his HEAL loans are not payable under the LRP.

EVIDENCE OF RECORD:  The applicant's military records show:

He enlisted in the USAR Delayed Entry Program on 13 January 1998.  At that time he executed a DA Form 3286-66, Statement of Understanding, US Army Incentive Enlistment Program.  Item 4 of that form states that, “I understand that under this program (LRP) that the government will repay a designated portion of any loan I incurred that was made, insured or guaranteed under Part B of the Higher Education Act of 1965 (Guaranteed Student Loan), or any loan under Part E of such act (National Direct Student Loan) after 1 October 1975 and before I enlist into the Regular Army.”  The applicant was scheduled to enlist in the Regular Army for 4 years on 18 March 1998.

Title 10, U.S. Code, section 2171, limits loans that are eligible for repayment under the LRP to those made, insured, or guaranteed under the Higher Education Act of 1965.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  While the execution of the DA Form 3286-66 by the applicant is prima facie evidence that the LRP was an enlistment inducement, there is no indication that the recruiter specifically told the applicant that his HEAL student loans were payable under the LRP.  In many cases a soldier enlists for the LRP without providing the recruiter or guidance counselor copies of the student loans.

2.  However, the applicant acknowledged that he understood that only those loans made or insured under the Higher Education Act of 1965 would be payable under the LRP.  If he were unsure whether his HEAL loans were eligible, he certainly could have called the lender.

3.  Regardless of what the applicant knew or didn’t know, and regardless of what the applicant was told, his HEAL loans are not payable, by law, under the LRP.  

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

_fkm____  _rvo ____  _sk _____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999024040	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19991016	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	128.05	
2.		
3.		
4.		
5.		
6.