| Mr. Carl W. S. Chun | Director | |
| Ms. Deborah L. Brantley | Senior Analyst |
| Mr. Raymond J. Wagner | Chairperson | |
| Ms. Barbara J. Ellis | Member | |
| Mr. John P. Infante | Member |
APPLICANT REQUESTS: In effect, that his student loan, secured from AFSA Data Corporation, 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. The applicant maintains, in effect, that his recruiter did not inform him that only student loans which were made under the Higher Education Act of 1965 were payable under the LRP. He notes that repayment of the loans was “certified” in block 33 and 32 of his enlistment contract. In support of his request he submits copies of his enlistment documents and copies of documents associated with his education loan from AFSA Data Corporation.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted on 13 April 1999. At the time of his enlistment the applicant completed several enlistment forms indicating that a cash enlistment bonus in the amount of $4,000.00 and the Student Loan Repayment Program were part of his enlistment incentives.
Block 33 (certification of recruiter or acceptor) and block 34 (recertification by applicant and correction of data at the time of active duty entry) on the applicant’s DD Form 1966/3 (Enlistment Contract) essentially certified that the recruiter believed “to the best of [his] judgement” that the applicant “fulfills all legal policy requirements for enlistment” and that the information contained in his enlistment contract was still correct at the time he entered active duty. The entries do not list or confirm eligibility of any specific student loans which would be paid under his LRP enlistment incentive.
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.”
In the winter of 2000, while serving on active duty, the applicant submitted a DD Form 2475 (DOD Education Loan Repayment Program Annual Application) requesting payment of his student loan from AFSA Data Corporation in Utica, New York. He indicated on the form that the original amount of the loan was $4,500.00.
On 23 February 2001 the Total Army Personnel Command (PERSCOM) responded to the applicant stating that since his loan was not insured under the Higher Education Act of 1965 it was not, by law, 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.
In the processing of this case an advisory opinion was provided by officials from the PERSCOM. Those officials recommended the applicant’s petition be denied and reemphasized that the applicant had acknowledged in his enlistment documents that he understood that under the LRP “that the government will repay a designated portion of any loan [he] incurred that was made, insured or guaranteed under Part B of the Higher Education Act of 1965….” They noted that “based on documentation provided the loan does not qualify for repayment under the LRP” and that it was a private loan.
When given an opportunity to respond to the advisory opinion, the applicant indicated that he was aware that the loan did not qualify for repayment but was asking, in effect, for an exception based on the fact that he was “certified to have met all service regulations governing such enlistment….” As in his initial application, he noted that copies of his loans were attached to his enlistment documents and contends that he was “lied to and told [his] loans would qualify for LRP.”
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), 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. His contention that blocks 33 and 34 support his entitlement to have the AFSA Data Corporation Loan repaid is without foundation. Those blocks merely certified that he met the legal requirements for enlistment. They do not, as the applicant states, “certify” that his AFSA Data Corporation Loan would be repaid under the LRP.
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
__RJW__ __BJE___ __JPI ___ DENY APPLICATION
| CASE ID | AR2001055343 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20010802 |
| 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. |
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