MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           30 January 2001                  
	DOCKET NUMBER:   AR2000044555

	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. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Thomas E. O'Shaughnessy		Member	
	Ms. Brenda F. Hirschi		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 student loans be paid under the Loan Repayment Program (LRP).

APPLICANT STATES: That the Army had failed to repay certain loans that he had acquired prior to entering the Army.  At the time of enlistment he was advised that all of his loans would be repaid.  A judgement has been entered against him for loans in the amount of $9,186.13.  In support of his application he submits a copy of the judgement.

COUNSEL CONTENDS: In addition to the applicant’s statement he points out that the applicant’s Department of Defense Form 1966/1 under Section II Examination and Entrance Data Process Codes, question No. 21 Service Required Codes, in block 51, “U” is marked noting that the applicant did not have his loan information with him at the time of his enlistment.  The applicant however, discussed the loans he currently had and was advised that all loans currently outstanding as of the date of his enlistment would be paid pursuant to the LRP.

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

On 2 April 1987, a DA Form 3286-62/4 (Addendum Statement of Enlistment) was completed.  A hand written statement by the Army Career Counselor was entered, which could not be completely read.  However, the readable portion indicates that eligibility for LRP could not be determined since promissory notes were not available at enlistment.  This statement indicated that the applicant was claiming he had an eligible student loan; however, his eligibility for the LRP could not be established since he had not provided a copy of the loan promissory note for evaluation prior to his departing for active duty.  The applicant authenticated this statement with his signature on the date he enlisted in the Regular Army.

The applicant enlisted in the Regular Army on 3 April 1987 for a period of three years in pay grade E3 for training as a 95B (Military Policeman).

His DD Form 214 (Discharge Document) indicates that the applicant was honorably discharged on 2 April 1990 for expiration term of service.

Army Regulation 621-202 (Army Educational Incentives and Entitlements) establishes the policies and provisions for administration of the LRP.           Public Law 99-145, section 2171 authorizes the LRP.  The LRP is an enlistment incentive designed to increase Test Score Category l-IIIA accessions.  The LRP is an educational enlistment incentive that provides for payment of 33 1/3 percent or $1,500.00, whichever is greater, 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.

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.  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.

2.  The applicant’s record reflects that at the time of his enlistment and prior to his entry onto active duty he was informed that he had not provided the documents necessary to determine whether or not his loans were eligible for the LRP.  The applicant provides no evidence that he had his loans evaluated after entering active duty nor did he provide such information to this Board for consideration.  The Board concludes that at the time of his enlistment he did not have loans that were approved for the LRP.

3.  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

___aao__  ___teo___  ___bfh __  DENY APPLICATION

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

INDEX

CASE ID	AR2000044555	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010130	
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.