| Mr. Carl W. S. Chun | Director | |
| Ms. Rosa M. Chandler | Analyst |
| Mr. Mark D. Manning | Chairperson | |
| Mr. Raymond J. Wagner | Member | |
| Ms. Eloise C. Prendergast | Member |
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
4. 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 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 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) after 1 October 1975 and before I enlist into the Regular Army." In addition, Public Law 99-145, Section 671(a)(1) confirms loans eligible for repayment must be made under Title IV, Part B, D, or E of the Higher Education Act of 1965.
5. Additionally, PERSCOM opined that based on the documentation provided, the "Partnership Loan" does not qualify for payment under the LRP. The loan is not made, insured, or guaranteed under Title IV, Part B, D, or E of the Higher Education Act of 1965.
6. PERSCOM determined the applicant does have loans that qualify for payment under the LRP. The total remaining original unpaid principal verified by Iowa Student Loan Liquidity Corporation (Stafford Loans) equals $13,903.22 and Loaras College (Perkins Loan) equals $1,820.00. Appropriate payments are being authorized toward these qualifying loans. The unpaid principal of the non-qualifying "Partnership Loan" equals $8,980.00. PERSCOM recommended disapproval of the applicant's request for repayment of this loan and added that if the Board grants him any compensation that the payment be sent directly to him.
7. On 28 October 2003, the above advisory opinion was referred to the applicant for comment or rebuttal; he failed to respond.
8. Army Regulation (AR) 601-210 (Regular Army and Army Reserve Enlistment Program) prescribes eligibility criteria governing the enlistment of persons, with or without prior service, into the RA and the US Army Reserve.
9. Table 9-4 of AR 601-210 contains guidance on enlistment option program 9B (Bonus/Army College Fund/Loan Repayment Program). It contains specific guidance pertaining to the LRP and indicates 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 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 enlistment into the RA."
10. Table 9-4 also provides program-processing procedures that require Army Guidance Counselors to complete required entries on the DD Form 1966 pertaining to an applicant’s eligibility for the LRP. Part of the mandatory processing procedures includes verification that the applicant has qualifying loans if enlisting for the LRP, and that the applicant be advised of any loan that is not eligible. The applicant in the Remarks Section of the DD Form 1966 series must acknowledge these conditions.
DISCUSSION AND CONCLUSIONS:
1. The applicant enlisted for the LRP and one of his loans (the Partnership Loan) did not qualify for payment.
2. 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 applicant acknowledged in writing that he understood these provisions. He has provided no evidence to the contrary.
3. The applicant has not shown that the US Army recruiter specifically misled him regarding the eligibility of the "Partnership Loan." Regularity is presumed in the processing of his enlistment contract.
4. The PERSCOM advisory opinion recommends that the applicant's request be denied. The applicant did not see fit to reclama the PERSCOM advisory opinion.
BOARD VOTE:
________ ________ ________ GRANT RELIEF
________ ________ ________ GRANT FORMAL HEARING
__mdm___ __rjw___ __ecp___ DENY APPLICATION
| CASE ID | AR2003084393 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20031209 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 128.1000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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 | 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 | 2003087287C070212
if enlisting for the LRP [Loan Repayment Program], disenroll the applicant or soldier from the GI Bill; and c.) verify that the applicant has qualifying loans if enlisting for the LRP. Wide discretions are available to this Board under Title 10, US Code, Section 1552, which includes the authority to amend the applicant’s DA Form 3286-66 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...
ARMY | BCMR | CY2003 | 2003085332C070212
APPLICANT STATES : That he enlisted in the Army with the understanding that his student loans would be paid under the provisions of the college loan repayment program (LRP). Item 32a, Specific Option/Program Enlisted For (Completed by Guidance Counselor, MEPS Liaison NCO, etc., as specified by sponsoring service) of the applicant's DD Form 1966/3 shows that, among other programs, he also enlisted for the Student Loan Repayment Program. DISCUSSION : Considering all the evidence,...
ARMY | BCMR | CY2005 | 20050005985C070206
Therefore, there are no Army records that the Board can correct that would allow payment of the applicant’s non-qualifying loan under the SLRP. The applicant’s military records may be corrected to show his 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...
ARMY | BCMR | CY2001 | 2001052989C070420
He authenticated his DD Form 1966/3 (Record of Military Processing- Armed Forces of the United States) which shows that no changes to his enlistment contract were required upon enlistment. The DD Forms 2475 that the applicant submitted for payment of his “WFEFS” are dated 28 July 2000. His DA Form 3286-66 clearly specifies those loans for repayment 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.
ARMY | BCMR | CY2004 | 20040002757C070208
The applicant provides: a. d. DD Form 2475 (DOD Educational Loan Repayment Program (LRP) Annual Application), dated 20 October 2003. e. A copy of his promissory note. As a result, the Board recommends that the applicant’s DA Form 3286-66, Statement of Understanding, US Army Incentive Enlistment Program, be amended to include the sentence “If a student loan is accepted by the official processing you for enlistment as payable under the SLRP, and the government fails to verify that...
ARMY | BCMR | CY2002 | 2002082862C070215
The SLRP is a Department of the Army enlistment option authorized by Title 10 of the United States Code, section 2171 (10 USC 2171), which provides the legal authority for the education loan repayment program for enlisted members on active duty in specified military specialties. In doing so, the applicant’s military records may be corrected to show his DA Form 3286-66 was amended to include the sentence “If SLRP benefits are authorized by the official processing you for enlistment and the...
ARMY | BCMR | CY2004 | 20040010268C070208
In doing so, the applicant’s military records may be corrected to show his DA Form 3286-66 was amended to include the sentence, “If a student loan is accepted by the official 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 LRP or the repayment or default of the loan, the Army Board for Correction of...
ARMY | BCMR | CY2004 | 20040008803C070208
Upon enlistment, he authenticated his DD Form 1966/3 to show that no changes were required concerning his enlistment options. In doing so, the applicant’s military records may be corrected to show his DA Form 3286-66 was amended to include the sentence, “If a student loan is accepted by the official 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...