SUPPLEMENTAL PROCEEDINGS

	IN THE CASE OF:      «name»
                                            «ssn»

	BOARD DATE:            3 April 2003
	DOCKET NUMBER:   AR2003085328

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  A quorum was present during the further consideration and deliberation.  The findings appearing in proceedings dated 30 April 2002 were affirmed.  The following additional findings, conclusions, and recommendation were adopted by the Board.

	Mr. Carl W. S. Chun		Director	
	Mr. Jessie B. Strickland		Analyst	

	The Board convened at the call of the Director on the above date to reconsider the conclusions and recommendation appearing in proceedings dated 30 April 2002.

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Patrick H. McGann		Member	

	The applicant and counsel, if any, did not appear before the Board.

	The Board considered the following additional evidence:

THE BOARD ADDITIONALLY FINDS:

17.  On 13 February 2003, a staff member of the Board was contacted by officials from the education incentives branch of the Total Army Personnel Command (PERSCOM).  Those officials informed the staff member of the Board that the applicant had received his first installment (payment) under the LRP, as directed by the original Board proceedings.  However, when he attempted to receive the second installment, the DFAS informed the applicant that DFAS was only allowed to pay one installment and that remaining installments would have to be paid by the PERSCOM.  Officials at the PERSCOM indicated that they were not allowed to make such payments and that actions to pay the remainder of the installments should be taken by the Board if the DFAS would not comply with the instructions of the Board.  The PERSCOM official also informed a staff member of the Board that two payments in the amount of $6,499.62 to the applicant would satisfy the loan.  A staff member of the Board contacted the DFAS point of contact and confirmed that DFAS did not intend to make more than one installment.  He indicated that if multiple installments were required by the Board an action/directive each year would be required, otherwise it was PERSCOM's responsibility to make the payments.

THE BOARD ADDITIONALLY CONCLUDES: 

11.  At the time of the Board’s 30 April 2002 decision (AR2001063428) in this case, it was the intent of the Board to make the applicant’s record as administratively correct as it should properly have been at the time by authorizing the payment of his student loans, by the DFAS, from Board funds as they became due, because the PERSCOM did not have the authority to do so.  However, because the DFAS has refused to pay all of the installments as they become due, it is apparent that additional measures are required to ensure the applicant is made whole.

12.  In view of the additional factors in this case the applicant is entitled to correction of his record to show that in addition to the first installment he has already received, he is entitled to receive, in a lump sum, the amount of the two remaining installments, in total $12,999.24, to satisfy the loan in accordance with the terms of his contract with the Army. 

13.  The Board also notes that in paying the applicant the lump-sum amount of his outstanding loan, he is responsible for satisfying the outstanding balance of the loan and that failure to complete the terms of his enlistment contract will result in recoupment action being initiated by the DFAS.     

14.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records as recommended below.

THE BOARD RECOMMENDS:

That all of the Department of the Army records related to this case be corrected by amending the Board’s recommendation appearing in the proceedings, dated 30 April 2002 (AR2001063428), to show that the individual is authorized, in addition to his first installment of the LRP, the remaining lump sum payment of $12,999.24, to be used to satisfy the terms of his student loan and that the applicant will have the unearned portion of that payment recouped, should he fail to complete the terms of his enlistment contract.                  .

BOARD VOTE:

__sac___  ____ra __  __pm ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Samuel A. Crumpler____
		        CHAIRPERSON

INDEX

CASE ID	AR2002077708	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/04/03	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  226	112.0400/brk enl con	
2.  297	128.1400/lrp	
3.		
4.		
5.		
6.