MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:             10 February 2000                 
	DOCKET NUMBER:     AR1999030705

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Van B. Cunningham		Chairperson	
	Mr. James P. Steuve		Member	
	Mr. Kenneth L. Wright		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 her one student loan be paid under the Loan Repayment Program (LRP) along with her other student loans.

APPLICANT STATES:  That her recruiter told her that all of her college loans would be paid by the Army.  The Army is now refusing to pay one of her student loans.

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

She enlisted in the Regular Army on 22 June 1998 for 4 years in pay grade E-4.  At that time she completed an LRP addendum.

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.

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.

In the processing of this case an advisory opinion was obtained from the Total Army Personnel Command (PERSCOM).  The PERSCOM stated that the applicant acknowledged by her signature on her LRP addendum that the Army would only pay those loans made or insured under the Higher Education Act of 1965.  Her one loan does not meet that criteria.  The PERSCOM adds that the Army has paid $8,648.33 in student loans for the applicant to date.  The PERSCOM recommends disapproval of the applicant’s request.  The applicant was provided a copy of this advisory opinion and given the opportunity to respond.  She did not submit any further evidence or argument.

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

1.  While it is unfortunate that the applicant did not realize that all of her student loans were not payable under the LRP, she acknowledged that restriction on her LRP addendum.

2.  It is noted that the applicant has already received a significant amount of money towards her other student loans.

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

_vbc____  _jps  ____  _klw____  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999030705	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000210	
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.	108.05	
2.		
3.		
4.		
5.		
6.