| Mr. Carl W. S. Chun | Director | |
| Ms. Gale J. Thomas | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Ms. Lana E. McGlynn | Member | |
| Mr. Larry C. Bergquist | Member |
APPLICANT REQUESTS: Entitlement to the Student Loan Repayment Program (SLRP).
APPLICANT STATES: That his recruiter, first sergeant, and guidance counselor promised that his college loans were covered under the Student Loan Repayment Program. However, in December 2000, he received notification that his College Access Loan (CAL) was not covered under the SLRP. In support of his request he submits a self-authored affidavit, and copies of his personnel records, to include his enlistment contract, DD Form 214, and his Enlisted Record Brief.
EVIDENCE OF RECORD: The applicant's military records show:
On 11 September 1998, he enlisted in the U.S. Army Reserve under the Delayed Entry/Enlistment Program with the understanding that he would enlist in the Regular Army no later than 27 May 1999. At the time of his enlistment, the applicant completed several enlistment forms indicating that the Student Loan Repayment Program was one of his enlistment incentives; including the Department of the Army Form 3286-59 (Statement for Enlistment United States Army Enlistment Program/U.S. Army Delayed Enlistment Program), noted in his application to the Board.
Additionally, as part of the applicant’s enlistment processing, he initialed a Department of the Army 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 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.” His enlistment document does not specify any specific loans, which were to be repaid under his LRP enlistment incentive.
According to a 12 December 2000 letter from the United States Total Army Personnel Command, the applicant submitted a Department of Defense Form 2475 (DOD Education Loan Repayment Program Annual Application) requesting payment of his student loans. The letter informed the applicant that the loan did not qualify for repayment and that the Department of Defense Form 2475 indicated that the loan was a “College Access Loan” which was not insured or guaranteed under the Higher Education Act. A copy of the applicant’s Department of Defense Form 2475 was not available to the Board.
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, United States 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, 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. Although the Board does acknowledge that one portion of the applicant’s enlistment contract does indicate that his enlistment incentives included the LRP incentive, the applicant failed to acknowledge that his enlistment contract further clarified the provisions under which a student loan could be repaid. The Board notes that the applicant authenticated that portion of his enlistment contract by his initials.
3. 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, United States Code, section 2171.
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
___FNE _ __LEM__ ___LCB__ DENY APPLICATION
| CASE ID | AR2002080488 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20030506 |
| 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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