| Mr. Carl W. S. Chun | Director | |
| Mr. Edmund P. Mercanti | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Ms. Margaret K. Patterson | Member | |
| Mr. Lester Echols | Member |
APPLICANT REQUESTS: In effect, that his records be corrected to show that he was eligible for, and completed the addendum to receive, the Loan Repayment Program (LRP). He also requests that his now defaulted student loans be paid in accordance with the terms of the LRP addendum, retroactively.
APPLICANT STATES: That the evidence he has submitted with his application will support his request.
In support of his application, he submits correspondence between him and his Representative in Congress and with the Total Army Personnel Command. In that correspondence it is shown that the applicant initially sought to enlist for 2 years in a military occupational specialty (MOS), which was eligible for the LRP. However, prior to his enlistment in the Regular Army, he changed that enlistment option to a five-year enlistment for an MOS for which he did not require training but which did not qualify for the LRP. The applicant had stated in that correspondence that his student loans are now in default and his income tax returns are now being garnished to repay the loans.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Army Reserve Delayed Entry Program (DEP) on 2 June 1988. At that time he completed enlistment addenda for his choice of first duty station, the two-year enlistment option, and training in MOS 96R, ground surveillance systems operator. However, on 30 September 1988 the applicant changed those options to retain the choice of first duty station option, but to change his term of enlistment from 2 to 5 years, and to change his MOS from 96R to 84F (audio/television specialist), no training required. In neither his original DEP addenda nor his amended addenda was there any mention of the LRP. The applicant enlisted in the Regular Army for 5 years in pay grade E-3 on 29 December 1988.
The applicant served continuously on active duty, was promoted to pay grade
E-6, and was honorably released from active duty on 2 February 2001.
The LRP is an educational enlistment incentive which provides for payment of 33 1/3 percent or $1,500.00 of the unpaid principal of eligible student loans for each year of active duty a soldier completes. When a soldier enlists for this option, a DA Form 3286-66 must be completed indicating that he has been promised the LRP, and the soldier must disenroll from the MGIB. The Army will not pay off defaulted student loans or reimburse a soldier or an alternate lending institution for student loans that have been paid in full.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:
1. The applicant enlisted for an MOS which did not offer the LRP as an enlistment incentive. As such, he was not offered that incentive.
2. The applicant alludes that he was told by his recruiter that his student loans would be paid by the Army, but has not provided any evidence which would support that allegation.
3. The Board notes that the applicant waited over 7 years, until his student loans had gone into default and his income tax returns began to be garnished, to attempt to “rectify” the omission of an LRP addendum to his initial enlistment contract. This delay does not lend credibility to his contentions.
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
___le___ ___mkp__ ___fne_____ DENY APPLICATION
| CASE ID | AR2001060304 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20020207 |
| 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. | |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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