MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           11 JUNE 2002                   
	DOCKET NUMBER:   AR2001064385

	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. Fred N. Eichorn		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Harry B. Oberg		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 all of his student loans from the Private National Collegiate Loan Program be paid under the terms of the Loan Repayment Program (LRP).

APPLICANT STATES:  In effect, that his recruiter told him that all of his student loans would be repaid as part of his LRP enlistment incentive.  He states that the recruiter was given copies of all of his student loans and assured him that the loans would be repaid.  He states that the guidance counselor also signed his enlistment document.  In support of his request he submits a self-authored statement, copies of his enlistment document, copies of his loan promissory notes, and the denial letter from the U.S. Total Army Personnel Command (PERSCOM) denying payment of his private student loans.

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

He enlisted on 19 September 2000.  At the time of his enlistment the applicant completed several enlistment forms indicating that the Student Loan Repayment Program was part of his enlistment incentives.  

As part of the applicant’s enlistment processing he initialed a DA Form 3286-66 (Statement of Understanding United States Army Incentive Enlistment Program) indicating that he 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.”  His enlistment document does not specify any specific loans, which were to be repaid under his LRP enlistment incentive.

In the summer of 2001, while serving on active duty, the applicant submitted a DD Form 2475 (DOD Education Loan Repayment Program Annual Application) requesting payment of his student loans held by the USA Group Loan Services, which included the loans from the Private National Collegiate Loan Program.  On 10 August 2001 the PERSCOM responded to the applicant stating three of his four student loans (totaling more than $33,000.00) were private loans and therefore not payable under the LRP.

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 he was misled by his recruiter he has provided no evidence from any disinterested source, such as his recruiter, an official from the recruiting office, or confirmation that the loan in question was provided to the recruiter at the time of enlistment, which could be used to independently substantiate his request.

2.  While it is unfortunate that the applicant may not have understood that not all of his student loans were payable under the LRP, the Board does not have the authority to violate public law.  To pay the applicant’s loans, in the absences of any error or injustice, would be in direct contravention of title 10, U.S. Code, section 2171.

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

__FNE __  __RWA__  __HBO__  DENY APPLICATION

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

INDEX

CASE ID	AR2001064385	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020611	
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.	110.00	
2.		
3.		
4.		
5.		
6.