| Mr. Carl W. S. Chun | Director | |
| Ms. Deborah L. Brantley | Senior Analyst |
| Ms. Margaret K. Patterson | Chairperson | |
| Ms. Karol A. Kennedy | Member | |
| Mr. Richard T. Dunbar | Member |
APPLICANT REQUESTS: In effect, that his student loan, secured from Wells Fargo Education Financial Services, be paid under the terms of the Loan Repayment Program (LRP).
APPLICANT STATES: He was given “misleading information” during his enlistment processing and was “led to believe that all [of his] college student loans were to be repaid.” He notes that without help from the LRP he would not be able to afford to repay the loans. He cites his “meager salary” will not “even suffice to cover the payments I have remaining….” The applicant asks that if his loans can not be repaid that he be allowed to separate from the Army “so that [he] may pursue a career whose salary would suffice for [his] needs.” In support of his request he submits a self-authored statement and copies of his loan repayment applications.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Army Reserve on 9 March 2000 under the Army’s Delayed Entry Program and enlisted in the Regular Army on 17 May 2000. At the time of his enlistment the applicant completed several enlistment forms indicating that a cash enlistment bonus in the amount of $20,000.00 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 April 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 loan from Wells Fargo Education Financial Services in Sioux Falls, South Dakota.
On 8 May 2001 and 6 June 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.
Army Regulation 635-200 provides for the administrative separation of soldiers because of hardship. It states, in pertinent part, that hardship exists when in circumstances not involving death or disability of a member of the soldier’s immediate family, separation from the Service will materially affect the care of support of the family by alleviating undue and genuine hardship. The soldier, via his chain of command, must request separation from the service because of hardship in writing. Specific requirements for making such an application are contained in Chapter 6 of Army Regulation 635-200.
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. 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. If the applicant believes that his situation warrants separation by reason of hardship he may wish to pursue that avenue via his chain of command. There is no evidence in available records which would serve as justification for the Board to direct that separation.
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
__MKP__ __KAK __ __RTD __ DENY APPLICATION
| CASE ID | AR2001058762 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20011002 |
| 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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