MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  12 October 2000
	DOCKET NUMBER:  AR1999027188

	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. Carl W. S. Chun		Director	
	Mr. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. John D. Miller		Chairperson	
	Mr. John E. Denning		Member	
	Ms. Carol J. Suiter		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 records be corrected to show that all of his student loans , DEA and Nelson loans, are eligible for repayment under the enlistment incentive for Loan Repayment Program (LRP).

APPLICANT STATES:  That his recruiter assured him that all of his student loans would qualify for loan repayment.  He believes that his enlistment contract was signed in bad faith.  He has honored his part of the contract and requests that this injustice be corrected.  He submits copies of student loan promissory notes in support of his application.

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

He enlisted for 3 years and entered active duty on 26 August 1997 under the incentive enlistment program LRP.  During his enlistment processing he acknowledged, with his signature, a DA Form 3286-66 (Incentive Enlistment Program).

Paragraph 4a. of the DA Form 3286-66 states “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 1975 (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.”

In the processing of this case a staff advisory opinion was obtained from the Total Army Personnel Command (PERSCOM), Education Incentives Branch.  In that opinion it is noted that the applicant has over $13,400 in eligible loans that are being repaid.  It was also noted that all eligible loans were processed prior to his entry on active duty and there should have been no misunderstanding on which loans qualified for repayment.  The advisory opinion was mailed to the applicant for comment at two different addresses but was returned as undeliverable.

The applicant provides copies of four Dartmouth College Student Loans.  Based on the advisory opinion from the PERSCOM these loans were already approved for repayment and are part of the $13,400 amount that is being repaid.  He provides no documentation on the loans he believes should also be repaid.

Title 10, USC, section 2171, states that the Department may pay any loan made, insured, or guaranteed under part B of title IV of the Higher Education Act of 1965, or any loan made under parts D or E of such title.

Army Regulation 621-202 provides the Army-unique policies for administration of education incentives authorized by law.  To be eligible for the LRP applicants must receive a loan made, insured, or guaranteed under part B, D, or E of the Higher Education Act of 1965, after 1 October 1975.  Before entering active duty, the loan must not be in default.

Loans qualifying for repayment are:

(1)  Guaranteed Student Loan/Stafford Loans.
(2)  National Direct Student Loan/Perkins Loans.
(3)  Supplemental Loans for Students.
(4)  Federally Insured Student Loans.
(5)  Parent Loan for Undergraduate Students (PLUS). 
(6)  Auxiliary Loan Assistance for Students (ALAS). 

US Army Recruiting Command (USARECC) is responsible for insuring completion of DD Form 1966/1 (Record of Military Processing).  Block 51 will be coded with an “U” when the applicant does not possess the promissory note at the time of enlistment.  The applicant’s DD Form 1966/1 shows a “U” in block 51.

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

1.  The applicant enlisted for the LRP enlistment incentive and has been receiving payments on his eligible loans in accordance with law and regulation.  He is not entitled to loan repayment for unqualified loans.  DEA and Nelson loans are not eligible for the LRP.

2.  There is no evidence of record, and none submitted by the applicant, that he was guaranteed payment on loans that clearly did not qualify for the LRP.  The appropriate enlistment form shows that he did not present the student loan promissory notes at the time of enlistment.

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

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

__jm___  ___jd_____  __cs____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR1999027188	
SUFFIX		
RECON		
DATE BOARDED	20001012	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	112.04	
2.	128.00	
3.		
4.		
5.		
6.