MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:      

		BOARD DATE:           30 SEPTEMBER 2003                   
		DOCKET NUMBER:  AR2003084187

	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	
	Ms. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. Melvin H. Meyer		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:  In effect, that her student loan from a “Parent Personal School Loan” and a student loan from “Hinson-Hazlewood College Student Loan Program” be paid under the terms of the Loan Repayment Program (LRP).

APPLICANT STATES:  In effect, that her recruiter told her that all of her student loans would be repaid as part of her LRP enlistment incentive.  

She states that the recruiter was given copies of all of her student loans and assured her that the loans would be repaid.  

In support of her request she submits copies of her enlistment document, copies of her loan promissory notes, and the denial letter from the United States Total Army Personnel Command (PERSCOM) denying payment of her private student loan from Hinson-Hazlewood College Student Loan Program.

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

She enlisted in the United States Army Reserve, in pay grade E-3, on 31 August 2000 under the Delayed Entry/Enlistment Program.  On 1 November 2000 she was discharged from the United States Army Reserve to enter active duty as a Regular Army soldier.  

At the time of her enlistment the applicant completed several enlistment forms indicating that the Student Loan Repayment Program was part of her enlistment incentives.  

Her enlistment incentives also included receipt of a $4000.00 enlistment bonus and training as an operating room specialist.

As part of the applicant’s enlistment processing she signed a Department of the Army Form 3286-66 (Statement of Understanding United States Army Incentive Enlistment Program) indicating that she understood “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 Action 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.”  

Her enlistment document does not specify any specific loans, which were to be repaid under her LRP enlistment incentive.

In the spring of 2002, while serving on active duty, the applicant submitted a Department of Defense Form 2475 (DOD Education Loan Repayment Program Annual Application) requesting payment of her “College Access Loan” held by the Hinson-Hazlewood College Student Loan Program.  On 14 June 2002 the PERSCOM responded to the applicant stating that her loan (totaling more than $10,000.00) was not payable under the LRP.  

The Department of Defense Form 2475 also contains a typed notation indicating that the College Access Loan “is a state funded loan authorized by the Texas State Legislature…and are not authorized by the Higher Education Act of 1965, as amended.”

The LRP is an educational enlistment incentive which provides for payment of a percentage 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.  While the applicant contends that she may have been misled by her recruiter she has provided no evidence from any disinterested source, such as her recruiter, an official from the recruiting office, or confirmation that the loans in question were provided to the recruiter at the time of enlistment, which could be used to independently substantiate her request.

2.  It is unfortunate that the applicant may not have understood that not all of her student loans were payable under the LRP.  While the Secretary of the Army, acting through the Board, under Title 10, United States Code, section 1552, could pay the student loans by amending the applicant’s enlistment contract should an error or injustice exist, in this case, there is no evidence of error or injustice; consequently, there is no basis to warrant amending the enlistment contract.

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 that 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

__RJW  _  __MHM  _  __MVT__  DENY APPLICATION

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

INDEX

CASE ID	AR2003084187	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030930	
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.	128.00	
2.		
3.		
4.		
5.		
6.