MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            24 February 2000
	DOCKET NUMBER:   AR1999024788

	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. Edmund P. Mercanti		                         Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. James P. Huber		Member	
	Ms. Margaret V. Thompson		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:  That his Achiever Educational Loan (AEL) be paid under the terms of his Loan Repayment Program (LRP) addendum.

APPLICANT STATES:  That his enlistment contract specifically stated that his AEL would be paid under his LRP.  He simply asks that the written commitment by the Army be honored.

In support of his application he submits a USAREC Form 1150 which grants him an exception to policy to pay his Parent Loan under the LRP.  Also submitted is a letter from the Total Army Personnel Command (PERSCOM) which stated that his AEL was not made or insured under the Higher Education Act of 1965 and, as such, are not payable under the LRP.

EVIDENCE OF RECORD:  The applicant's military records were not provided to the Board.

The LRP is an educational enlistment incentive which provides for payment of 33 1/3 percent or $1,500.00 of the unpaid principal of eligible student loans for each year of active duty a soldier completes.

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.

In the processing of this case the staff of the Board contacted the PERSCOM who stated that Parent Loans are payable under the LRP but not the AEL.  The PERSCOM also stated that since they do not have a copy of the applicant’s AEL promissory note, it would appear that he did not give a copy of it to his recruiter at the time of his enlistment.

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

1.  The applicant’s request is a bit misleading.  He was given an exception to policy to have his Parent Loan paid under the LRP.  There is no evidence that the Army failed to honor that commitment.

2.  The contested loan is an AEL, not a Parent Loan.  As such, the exception to policy granted by the Army for his Parent Loan did and does not apply to his AEL loan.

3.  It is possible that the applicant erroneously told his recruiter that he had a Parent Loan.  If the applicant did not give his recruiter a copy of his promissory note, the recruiter could only assume that what the applicant told him was correct.  And a Parent Loan would be payable 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

_cla_____  _jph_____  _mvt____  DENY APPLICATION

					Karl F. Schneider
					Director, Army Review Boards Agency

INDEX

CASE ID	AR1999024788	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000224	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	128.05	
2.		
3.		
4.		
5.		
6.