| Mr. Carl W. S. Chun | Director | |
| Ms. Wanda L. Waller | Analyst |
| Mr. George Paxson | Chairperson | |
| Ms. Deborah Jacobs | Member | |
| Mr. Ronald E. Blakely | Member |
APPLICANT REQUESTS: That the Army repay his student loan under the Loan Repayment Program (LRP).
APPLICANT STATES: That it was agreed that the loan would be paid with his satisfactory performance in the Army. He contends that this loan was part of his enlistment contract. In support of his application, he submits a copy of a letter, dated 23 July 2001, from the U.S. Total Army Personnel Command; DD Form 2475 (DOD Educational Loan Repayment Program Annual Application); a copy of the University of San Diego Permanent Restricted Student Loan Fund Promissory Note; and copies of his enlistment contract.
EVIDENCE OF RECORD: The applicant's military records show:
On 30 July 1992 the applicant applied for and received a student loan from the University of San Diego for educational purposes. There is no evidence in the available records which shows this loan was made, insured, or guaranteed under Title IV, Part B, D, or E of the Higher Education Act of 1965.
The applicant entered the delayed entry program on 25 May 2000. His DA Form 3286-59 (Statement for Enlistment) shows that he enlisted for the U.S. Army Incentive Enlistment Program (Cash Bonus ($16000) and LRP). His DA Form 3286-66 (Statement of Understanding) shows he enlisted for the U.S. Army Cash Bonus and the LRP. He enlisted in the Regular Army on 13 June 2000 for a period of 4 years.
At the time the applicant submitted his application to the Army Board for Correction of Military Records, he was serving on active duty in pay grade E-4.
The applicant’s DA Form 3286-66, Section 4, item a states “I understand that under this program (LPR) 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 Act 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”.
The applicant provided a letter, dated 23 July 2001, from the Chief, Education Incentives and Counseling Branch, U.S. Total Army Personnel Command. This letter indicates that the applicant’s student loan from the University of San Diego is a privately funded trust loan and is not eligible for the LRP.
The Loan Repayment Program is a Department of the Army enlistment option authorized by Public Law 99-145. This option is designed to increase Test Score Category I-IIIA accessions. Loans that qualify for repayment are Guaranteed Student Loan/Stafford Loans, National Direct Student Loan/Perkins Loans, William D. Ford Loans, Supplemental Loans for Students, Federally Insured Student Loans (FISL), Parent Loan for Undergraduate Students (PLUS), Auxiliary Loan Assistance for Students (ALAS) and consolidated loans which fall under Title IV, Part B, D or E of the Higher Education Act of 1965. Active Army LRP participants earn their first loan repayment after completion of a full year of active duty and for each full year thereafter, up to 3 years. Payment of 33 1/3 percent or $1,500, whichever is greater, is authorized annually to the loan holder on the total remaining original outstanding principal balance.
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. The applicant did enlist for the Loan Repayment Program. However, evidence of record shows that the applicant’s student loan was not made, insured, or guaranteed under Title IV, Part B, D, or E of the Higher Education Act of 1965. Therefore, payment cannot be made toward this student loan.
2. 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 this requirement.
3. 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
GP_____ DJ______ REB_____ DENY APPLICATION
| CASE ID | AR2001061376 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020326 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 112.1200 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2001 | 2001060686C070421
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...
ARMY | BCMR | CY2001 | 2001066113C070421
APPLICANT REQUESTS: That the Army repay her student loans under the Loan Repayment Program (LRP). The applicant did enlist for the Loan Repayment Program. Therefore, payment cannot be made toward these student loans.
ARMY | BCMR | CY2004 | 20040010505C070208
By regulation, Army Guidance Counselors are required to verify that a member enlisting for the LRP has qualifying loans and to advise those members if any loan is not eligible for repayment. Further, the record gives no indication that an Army Guidance Counselor ever verified that the applicant’s loan did or did not qualify for repayment under the LRP. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: amending the...
ARMY | BCMR | CY2001 | 2001057924C070420
APPLICANT REQUESTS: That the Army repay his student loans under the Loan Repayment Program (LRP). Before he enlisted into the Army he was guaranteed payments on these loans. Evidence of record shows that the applicant’s Stafford loan was guaranteed under the Higher Education Act of 1965.
ARMY | BCMR | CY2001 | 2001060616C070421
The Loan Repayment Program is a Department of the Army enlistment option authorized by Public Law 99-145. 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: The evidence of record implies that the applicant’s loan repayment program paperwork was not entirely available on the date of his enlistment.
ARMY | BCMR | CY2003 | 2003087289C070212
The applicant requests, in essence, that his student loan be paid in accordance with his enlistment option for the Army Student Loan Repayment Program (LRP). In connection with this application, a PERSCOM advisory opinion (COPY ATTACHED) states, in essence, that terms outlined in the applicant's enlistment contract -- Statement of Understanding US Army Incentive Enlistment Program, DA Form 3286-66, Section 4, item a -- state, "I understand that under the LRP the government will repay a...
ARMY | BCMR | CY2003 | 2003086145C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. That form contained a number of statements, to include, "If the incentive … is for the … LOAN REPAYMENT PROGRAM (LRP), I understand that I must DISENROLL from the GI Bill in order to qualify for the program.…If I fail to complete the disenrollment portion of the DD Form 2366, I will not be eligible for the LRP and will become automatically enrolled in the GI Bill," and, "I...
ARMY | BCMR | CY2002 | 2002068523C070402
In support of his application, he submits a letter, dated 17 December 2001, from the Chief, Education Incentives and Counseling Branch; an application for a 1999-2000 student loan, dated 12 January 1999; and a DD Form 2475 (DOD Educational Loan Repayment Program (LRP) Annual Application, dated 20 November 2001. The applicant’s DA Form 3286-66, Section 4, item a states “I understand that under this program (LRP) that the government will repay a designated portion of any loan I incurred that...
ARMY | BCMR | CY2002 | 2002071360C070402
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. Loans that qualify for...
ARMY | BCMR | CY2003 | 2003084393C070212
He states that his recruiter was provided the "Partnership Loan" promissory note at the time of enlistment and that his DD Form 1966/3 (Record of Military Processing-Armed Forces of the United States) shows the LRP as an included option in his enlistment contract. In connection with this application, a PERSCOM advisory opinion (COPY ATTACHED) stated, in essence, that as previously indicated in their 30 October 2002 correspondence provided to the applicant, terms outlined in the enlistment...