MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      .

	BOARD DATE:           7 February 2002                                                      
	DOCKET NUMBER:   AR2001060304

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. Lester Echols		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:  In effect, that his records be corrected to show that he was eligible for, and completed the addendum to receive, the Loan Repayment Program (LRP).  He also requests that his now defaulted student loans be paid in accordance with the terms of the LRP addendum, retroactively.

APPLICANT STATES:  That the evidence he has submitted with his application will support his request.

In support of his application, he submits correspondence between him and his Representative in Congress and with the Total Army Personnel Command.  In that correspondence it is shown that the applicant initially sought to enlist for 2 years in a military occupational specialty (MOS), which was eligible for the LRP.  However, prior to his enlistment in the Regular Army, he changed that enlistment option to a five-year enlistment for an MOS for which he did not require training but which did not qualify for the LRP.  The applicant had stated in that correspondence that his student loans are now in default and his income tax returns are now being garnished to repay the loans.

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

He enlisted in the Army Reserve Delayed Entry Program (DEP) on 2 June 1988.  At that time he completed enlistment addenda for his choice of first duty station, the two-year enlistment option, and training in MOS 96R, ground surveillance systems operator.  However, on 30 September 1988 the applicant changed those options to retain the choice of first duty station option, but to change his term of enlistment from 2 to 5 years, and to change his MOS from 96R to 84F (audio/television specialist), no training required.  In neither his original DEP addenda nor his amended addenda was there any mention of the LRP.  The applicant enlisted in the Regular Army for 5 years in pay grade E-3 on 29 December 1988.

The applicant served continuously on active duty, was promoted to pay grade 
E-6, and was honorably released from active duty on 2 February 2001.

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.  When a soldier enlists for this option, a DA Form 3286-66 must be completed indicating that he has been promised the LRP, and the soldier must disenroll from the MGIB.  The Army will not pay off defaulted student loans or reimburse a soldier or an alternate lending institution for student loans that have been paid in full.

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.  The applicant enlisted for an MOS which did not offer the LRP as an enlistment incentive.  As such, he was not offered that incentive.

2.  The applicant alludes that he was told by his recruiter that his student loans would be paid by the Army, but has not provided any evidence which would support that allegation.

3.  The Board notes that the applicant waited over 7 years, until his student loans had gone into default and his income tax returns began to be garnished, to attempt to “rectify” the omission of an LRP addendum to his initial enlistment contract.  This delay does not lend credibility to his contentions.

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

___le___  ___mkp__  ___fne_____  DENY APPLICATION

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

INDEX

CASE ID	AR2001060304	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020207	
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.		
2.		
3.		
4.		
5.		
6.