| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Mr. Samuel A. Crumpler | Chairperson | ||
| Mr. Roger W. Able | Member | ||
| Mr. Patrick H. McGann | Member |
THE BOARD ADDITIONALLY FINDS:
17. On 13 February 2003, a staff member of the Board was contacted by officials from the education incentives branch of the Total Army Personnel Command (PERSCOM). Those officials informed the staff member of the Board that the applicant had received his first installment (payment) under the LRP, as directed by the original Board proceedings. However, when he attempted to receive the second installment, the DFAS informed the applicant that DFAS was only allowed to pay one installment and that remaining installments would have to be paid by the PERSCOM. Officials at the PERSCOM indicated that they were not allowed to make such payments and that actions to pay the remainder of the installments should be taken by the Board if the DFAS would not comply with the instructions of the Board. The PERSCOM official also informed a staff member of the Board that two payments in the amount of $6,499.62 to the applicant would satisfy the loan. A staff member of the Board contacted the DFAS point of contact and confirmed that DFAS did not intend to make more than one installment. He indicated that if multiple installments were required by the Board an action/directive each year would be required, otherwise it was PERSCOM's responsibility to make the payments.
THE BOARD ADDITIONALLY CONCLUDES:
11. At the time of the Board’s 30 April 2002 decision (AR2001063428) in this case, it was the intent of the Board to make the applicant’s record as administratively correct as it should properly have been at the time by authorizing the payment of his student loans, by the DFAS, from Board funds as they became due, because the PERSCOM did not have the authority to do so. However, because the DFAS has refused to pay all of the installments as they become due, it is apparent that additional measures are required to ensure the applicant is made whole.
12. In view of the additional factors in this case the applicant is entitled to correction of his record to show that in addition to the first installment he has already received, he is entitled to receive, in a lump sum, the amount of the two remaining installments, in total $12,999.24, to satisfy the loan in accordance with the terms of his contract with the Army.
13. The Board also notes that in paying the applicant the lump-sum amount of his outstanding loan, he is responsible for satisfying the outstanding balance of the loan and that failure to complete the terms of his enlistment contract will result in recoupment action being initiated by the DFAS.
14. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records as recommended below.
THE BOARD RECOMMENDS:
That all of the Department of the Army records related to this case be corrected by amending the Board’s recommendation appearing in the proceedings, dated 30 April 2002 (AR2001063428), to show that the individual is authorized, in addition to his first installment of the LRP, the remaining lump sum payment of $12,999.24, to be used to satisfy the terms of his student loan and that the applicant will have the unearned portion of that payment recouped, should he fail to complete the terms of his enlistment contract. .
BOARD VOTE:
__sac___ ____ra __ __pm ___ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
___Samuel A. Crumpler____
CHAIRPERSON
| CASE ID | AR2002077708 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2003/04/03 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. 226 | 112.0400/brk enl con |
| 2. 297 | 128.1400/lrp |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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