| Mr. Carl W. S. Chun | Director | |
| Mr. Edmund P. Mercanti | Analyst |
| Mr. Raymond V. O'Connor, Jr. | Chairperson | |
| Mr. Raymond J. Wagner | Member | |
| Ms. Karen Y. Fletcher | Member |
APPLICANT REQUESTS: That her signature loans be paid under her Loan Repayment Program (LRP) addendum.
APPLICANT STATES: That the USAREC Addendum to her DD Form 1966 does not say anything about the LRP being limited to student loans that were made or insured under the Higher Education Act of 1965. She was not told by her recruiter that any of her student loans wouldn’t qualify under the LRP.
EVIDENCE OF RECORD: The applicant's military records show:
She enlisted in the Regular Army on 11 July 2001 for four years in pay grade
E-4. In conjunction with her enlistment she completed an $8,000.00 cash bonus addendum and an LRP addendum. In the applicant’s DA Form 3286-66, Statement of Understanding, United States Army Incentive Enlistment Program, Item 4a, it is stated “I understand 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 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.”
On 22 February 2002, the Total Army Personnel Command (PERSCOM) notified the applicant of the procedures to take to have her lending institutions submit her student loans to the Army for payment.
At the time the applicant submitted her request, she was serving on active duty in pay grade E-4.
The LRP is an educational enlistment incentive which provides for payment of
33 1/3 percent or $1,500.00, whichever is greater, 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.
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. Contrary to the applicant’s contention, she was informed that only those loans made or insured under the Higher Education Act of 1965 would be payable under the LRP. The applicant signed the form explaining that limitation, indicating that she fully understood the conditions of her cash bonus and the LRP.
2. Since the applicant acknowledged that she understood that only those loans which were made or insured under the Higher Education Act of 1965 were payable under the LRP, there is no basis for granting her request.
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
___rjw___ ___kyf___ ___rvo __ DENY APPLICATION
| CASE ID | AR2002073983 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20020926 |
| 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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ARMY | BCMR | CY2005 | 20050000159C070206
The applicant obtained a statement from her primary recruiter indicating that the recruiter had discussed her student loans and that the determination was made that her loans were eligible for repayment under the LRP. The applicant’s military records should be corrected to show her DA Form 3286-66 was amended to include the sentence “If a student loan is accepted by the officials processing you for enlistment as payable under the LRP and the government fails to verify that the student loan...
ARMY | BCMR | CY2003 | 2003087992C070212
The applicant requests, in effect, that all of her education loans be declared qualifying for the Army Student Loan Repayment Program (LRP). The applicant's DA Form 3286-66 clearly specifies that loans payable under the LRP must be made, insured or guaranteed by one of two loan programs under the Higher Education Act prior to enlistment in the RA. The PERSCOM advisory opinion recommends that the applicant's request be denied.
ARMY | BCMR | CY2005 | 20050011621C070206
There is no evidence that she had any loans that do qualify for repayment under the LRP. The applicant’s military records should be corrected to show her DA Form 3286-66 was amended to include the sentence “If a student loan is accepted by the officials processing you for enlistment as payable under the LRP and the government fails to verify that the student loan accepted actually is eligible under the Higher Education Act of 1965 and such failure results in nonpayment of the loan by the...
ARMY | BCMR | CY2005 | 20050009248C070206
There is no evidence that she had any loans that do qualify for repayment under the LRP. The applicant’s military records should be corrected to show her DA Form 3286-66 was amended to include the sentence “If a student loan is accepted by the officials processing you for enlistment as payable under the LRP and the government fails to verify that the student loan accepted actually is eligible under the Higher Education Act of 1965 and such failure results in nonpayment of the loan by the...
ARMY | BCMR | CY2004 | 2004106548C070208
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ARMY | BCMR | CY2003 | 2003087990C070212
While the applicant submits copies of her promissory notes which are stamped by her Army Guidance Counselor and dated 29 February 2000, these promissory notes are not contained in her military records. This would indicate that the guidance counselor did not have the applicant’s promissory notes on the date of her enlistment into the Regular Army. It is noted that the applicant received a $17,000.00 cash bonus and had $16,600.00 in student loans paid under the LRP, for a total of...
ARMY | BCMR | CY2001 | 2001055343C070420
The applicant requests correction of military records as stated in the application to the Board and as restated herein. 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. 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.
ARMY | BCMR | CY2003 | 2003084187C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT STATES : In effect, that her recruiter told her that all of her student loans would be repaid as part of her LRP enlistment incentive. At the time of her enlistment the applicant completed several enlistment forms indicating that the Student Loan Repayment Program was part of her enlistment incentives.
ARMY | BCMR | CY2003 | 03096503C070212
The Board considered the following evidence: The applicant's enlistment contract, which he completed in February 2002, shows that he stated that he understood that only certain loans would be paid by the Army under the LRP. Consequently, the applicant's request for payment of all his student loans cannot be granted.