| Mr. Carl W. S. Chun | Director | |
| Ms. Deborah L. Brantley | Analyst |
| Mr. Raymond V. O'Connor, Jr. | Chairperson | |
| Ms. Terry L. Placek | Member | |
| Mr. Robert Duecaster | Member |
APPLICANT REQUESTS: In effect, that all of his consolidated student loans be paid under the terms of the Loan Repayment Program (LRP).
APPLICANT STATES: In effect, that his Department of the Army Form 3286-59, which was part of his enlistment contract, stated that the form was used under Title 10, United States Code to “record contractual obligations to enlistees, guarantees and annexes enlistment contract.” He notes, in effect, that the form indicated that one of his enlistment incentives was the LRP. In support of his application, he submits a copy of his 2001 enlistment contract.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the United States Army Reserve under the Delayed Entry/Enlistment Program on 27 July 2001 with the understanding that he would enlist in the Regular Army not later than 1 October 2001. 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 I 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 13 September 2002 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 “Private Education Installment 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. 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.
2. While it is unfortunate that the applicant may not have understood that his student loans were not 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.
3. 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.
4. 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
__RVO _ __TLP___ __RD ___ DENY APPLICATION
| CASE ID | AR2003084610 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20030424 |
| 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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