RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 13 January 2004
DOCKET NUMBER: AR2003087990
I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.
| |Mr. Carl W. S. Chun | |Director |
| |Mr. Edmund P. Mercanti | |Analyst |
The following members, a quorum, were present:
| |Ms. Lana E. McGlynn | |Chairperson |
| |Mr. Roger W. Able | |Member |
| |Mr. Patrick H. McGann | |Member |
The applicant and counsel if any, did not appear before the Board.
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that all of her student loans be
paid under the Loan Repayment Program (LRP).
2. The applicant states that her recruiter told her that all of her
student loans would be paid under the LRP. Her recruiter even stamped the
promissory notes to indicate that the loans had been reviewed and
determined payable under the LRP. In fact, her recruiter told her that she
could not enlist until she submitted her promissory notes. She then
chronicles her unsuccessful efforts to get her student loans paid.
3. The applicant provides correspondence from the Total Army Personnel
Command (PERSCOM), and between her and her elected representative. She
also submits two promissory notes, one from the Texas Higher Education
Coordinating Board and one from the Antonio Federal Credit Union, both of
which are stamped “!!!! TRUE COPY !!!! I have verified from the original
source documents 000229 ARMY GUIDANCE COUNSELOR.” An initial is entered
in both stamps in the place provided for such an initial.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Army Reserve Delayed Entry Program (DEP)
on 26 February 2000. She elected the $17,000.00 cash bonus and the LRP
enlistment options at that time.
2. On 8 March 2000, an exception to policy was granted to “ship” the
applicant (enlist her into the Regular Army and transport her to her first
training station) without her having provided her student loan promissory
notes.
3. On the same day, she was enlisted into the Regular Army.
4. On the date the applicant submitted her request, she was serving on
active duty in pay grade E-5.
5. The LRP provides for the repayment by the Government of a designated
portion of any outstanding student loan(s) secured after 1 October 1975.
By law (Title 10, U.S. Code, Section 2171), the Government cannot pay any
loans which weren’t made or insured under the Higher Education Act of 1965.
6. In the processing of this case, an advisory opinion was obtained from
the Human Resources Command (HRC), Alexandria, Virginia. The HRC stated
that they have paid $16,600.00 towards qualifying loans made by the
applicant.
However, since her other loan is not made or insured under the Higher
Education Act of 1965, it is not payable under the LRP by law. The HRC
recommends disapproval of the applicant’s request. The applicant was
provided a copy of this advisory opinion and given an opportunity to submit
additional documents and/or argument. She did not respond.
DISCUSSION AND CONCLUSIONS:
1. Since the applicant’s outstanding student loan is not made or insured
under the Higher Education Act of 1965, it is not payable under the LRP by
law.
2. While the applicant submits copies of her promissory notes which are
stamped by her Army Guidance Counselor and dated 29 February 2000, these
promissory notes are not contained in her military records. However, a
waiver was obtained to “ship” the applicant without her promissory notes on
the actual date of her enlistment into the Regular Army. This would
indicate that the guidance counselor did not have the applicant’s
promissory notes on the date of her enlistment into the Regular Army. As
such, there is an apparent contradiction between the date indicated on the
applicant’s stamped promissory notes and the waiver to “ship” her without
her promissory notes.
3. In addition, there is no evidence to show that the applicant was told
that all of her student loans were payable under the LRP. A statement from
her guidance counselor would be required to validate that allegation.
4. Without clear evidence that the applicant was enticed to enlist based
on the promise that all of her student loans would be paid by the Army
under the LRP, there is insufficient basis in which to recommend that an
alternative method be used to pay the amount in question.
5. It is noted that the applicant received a $17,000.00 cash bonus and had
$16,600.00 in student loans paid under the LRP, for a total of $33,600.00
in enlistment incentives. The applicant has not provided any evidence or
argument which would show that this amount was an insufficient incentive to
enlist.
BOARD VOTE:
________ ________ ________ GRANT RELIEF
________ ________ ________ GRANT FORMAL HEARING
___phm _ ___lem__ ____rwa _ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable
error or injustice. Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.
______________________
CHAIRPERSON
INDEX
|CASE ID |AR2003087990 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20040113 |
|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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