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ARMY | BCMR | CY1997 | 199707215C070209
Original file (199707215C070209.TXT) Auto-classification: Approved
SUPPLEMENTAL PROCEEDINGS



	IN THE CASE OF:       
                                              


	BOARD DATE:             12 May 1999
	DOCKET NUMBER:     AC97-07215


	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 6 August 1997 were affirmed.  The following additional findings, conclusions, and recommendation were adopted by the Board.



Member


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

	The Board considered the following additional evidence:

	Exhibit C – Prior proceedings







THE BOARD ADDITIONALLY FINDS:

12.  Subsequent to the Board’s 6 August 1997 consideration of this case, it has been learned that the Board may pay with its own funds the amount which would have been paid to the applicant under the Loan Repayment Program (LRP).

13.  Title 10, U.S. Code, section 1552, the law which provides for the Board, states that “The Secretary may pay, from applicable current appropriations, a claim for the loss of pay, allowances, compensation, emoluments, or other pecuniary benefits, or the repayment of a fine or forfeiture, if, as a result of correcting a record under this section, the amount is found to be due the claimant on account of his or another’s service in the Army, Navy, Air Force, Marine Corps, or Coast Guard, as the case may be.”

THE BOARD ADDITIONALLY CONCLUDES:

6.  The applicant’s military records may be corrected to show his DA Form 
3286-66, US Army Incentive Enlistment Program, paragraph 4a, was altered to include the sentence “If a student loan is accepted by the officials processing you for enlistment, or subsequent to enlistment by the Army Board for Correction of Military Records (ABCMR), as payable under the LRP and it is later discovered that it is not payable due to it not being made or insured under the Higher Education Act of 1965 (Guaranteed Student Loan) or due to the student loan(s) no longer being outstanding, the ABMCR may pay the loan(s), or any portion of the loan(s), at its sole discretion, in accordance with Title 10, U.S.C., Section 1552.”  This would allow the Board to invoke that provision and pay him the amount his lending institutions would have been paid under the LRP.

7.  The Total Army Personnel Command (PERSCOM) has stated in its advisory opinion to the Board that approximately $14,5000.00 in student loans were not payable in the applicant’s case because they were not insured under the Higher Education Act of 1965.  The Board accepts this amount as the amount it is willing to pay the applicant as a result of the preceding correction.  Whether or not this amount accurately reflects the current amount that is owed to the applicant’s lending institutions is not revelent and will not be considered grounds to initiate supplemental board consideration.  

8.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

THE BOARD ADDITIONALLY 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 6 August 1997, by:

a.  deleting recommendations 1 and 2;

b.  showing that the DA Form 3286-66, US Army Incentive Enlistment Program, of the individual concerned, paragraph 4a, be altered to include the sentence “If a student loan is accepted by the officials processing you for enlistment, or subsequent to enlistment by the Army Board for Correction of Military Records (ABCMR), as payable under the LRP and it is later discovered that it is not payable due to it not being made or insured under the Higher Education Act of 1965 (Guaranteed Student Loan) or due to the student loan(s) no longer being outstanding, the ABMCR may pay the loan(s), or any portion of the loan(s), at its sole discretion, in accordance with Title 10, U.S.C., Section 1552”; and

c.  showing that the ABCMR has invoked its prerogative under that altered LRP addendum to pay the individual concerned $14,500.00 under the provisions of Title 10, U.S.C., section 1552.

BOARD VOTE:

_GDP___  _AAO___  _JEA____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION




		_George D. Paxson______
		        CHAIRPERSON



INDEX

CASE ID
AC9707215
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
1999/05/12
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT PLUS
REVIEW AUTHORITY

ISSUES         1.
128.05
2.

3.

4.

5.

6.

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