MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            06 MAY 2003                  
	DOCKET NUMBER:   AR2002080488

	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. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Lana E. McGlynn		Member	
	Mr. Larry C. Bergquist		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:  Entitlement to the Student Loan Repayment Program (SLRP).

APPLICANT STATES:  That his recruiter, first sergeant, and guidance counselor promised that his college loans were covered under the Student Loan Repayment Program.  However, in December 2000, he received notification that his College Access Loan (CAL) was not covered under the SLRP.  In support of his request he submits a self-authored affidavit, and copies of his personnel records, to include his enlistment contract, DD Form 214, and his Enlisted Record Brief. 

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

On 11 September 1998, he enlisted in the U.S. Army Reserve under the Delayed Entry/Enlistment Program with the understanding that he would enlist in the Regular Army no later than 27 May 1999.  At the time of his enlistment, the applicant completed several enlistment forms indicating that the Student Loan Repayment Program was one of his enlistment incentives; including the Department of the Army Form 3286-59 (Statement for Enlistment United States Army Enlistment Program/U.S. Army Delayed Enlistment Program), noted in his application to the Board.  

Additionally, as part of the applicant’s enlistment processing, he initialed a Department of the Army 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 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. 

According to a 12 December 2000 letter from the United States Total Army Personnel Command, the applicant submitted a Department of Defense Form 2475 (DOD Education Loan Repayment Program Annual Application) requesting payment of his student loans.  The letter informed the applicant that the loan did not qualify for repayment and that the Department of Defense Form 2475 indicated that the loan was a “College Access Loan” which was not insured or guaranteed under the Higher Education Act.  A copy of the applicant’s Department of Defense Form 2475 was not available to the Board.

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, United States 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 evidence 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.  Although the Board does acknowledge that one portion of the applicant’s enlistment contract does indicate that his enlistment incentives included the LRP incentive, the applicant failed to acknowledge that his enlistment contract further clarified the provisions under which a student loan could be repaid.  The Board notes that the applicant authenticated that portion of his enlistment contract by his initials.

3.  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, United States Code, section 2171.

4.  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.

5.  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 _  __LEM__  ___LCB__  DENY APPLICATION

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

INDEX

CASE ID	AR2002080488	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030506	
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.