| Mr. Carl W. S. Chun | Director | |
| Mr. Edmund P. Mercanti | Analyst |
| Mr. Arthur A. Omartian | Chairperson | |
| Mr. Kenneth W. Lapin | Member | |
| Mr. Donald P. Hupman | Member |
APPLICANT REQUESTS: In two applications, that his signature loans and his collegiate loans be paid under the Loan Repayment Program (LRP).
APPLICANT STATES: No time or effort was taken by the personnel processing his enlistment to tell him which of his loans would and wouldn’t be paid under the LRP. The counselor at the Military Entrance Processing Station gave him an “O.K.” to all of his promissory notes, indicating that they all would be paid under the LRP.
In support of his request the applicant submits copies of the signature loans and collegiate loans which were not paid under the LRP.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army on 12 July 2001 for 4 years in pay grade E-4. In conjunction with his enlistment he executed addenda for a $4,000.00 enlistment bonus and the LRP.
On 8 May 2002, the U.S. Total Army Personnel Command (PERSCOM) informed the applicant that his signature loans weren't payable under the LRP because they were not made or insured under the Higher Education Act of 1965. On 29 May 2002, the PERSCOM informed the applicant that his collegiate loans were not payable under the LRP for the same reason.
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, whichever is greater, 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. The applicant’s signature and collegiate loans are not payable under the LRP in accordance with law and regulation because they were not made or insured under the Higher Education Act of 1965.
2. The applicant’s statement to the Board is confusing. He states that he wasn’t told which of his loans were payable and which loans weren’t payable. But then he states that he was told that all his loans were payable. Nonetheless, under either scenario, he has submitted no evidence to substantiate his allegations.
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
____kwl _ ___dph__ ___aao__ DENY APPLICATION
| CASE ID | AR2002074362 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20020924 |
| 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. | 128.05 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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