RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            28 April 2005
      DOCKET NUMBER:   AR20040006372


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John P. Infante               |     |Chairperson          |
|     |Mr. Ronald E. Blakely             |     |Member               |
|     |Mr. Peter B. Fisher               |     |Member               |

      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 that his student loans be paid (on a prorated
basis) per his enlistment contract.

2.  The applicant states that he had trained extremely hard and therefore
successfully completed all portions of the entrance physical fitness
examination.  Unfortunately, his Army career ended prematurely due to feet
problems.  He has since been rated as disabled by the Department of
Veterans Affairs (DVA).  As part of his contract, he was offered the
Student (sic) Loan Repayment Program (LRP) and as of August 2004 he had not
received any funds from the program.  He wishes to be compensated under the
LRP for the time he was on active duty.

3.  The applicant provides his DVA Rating Decision.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 8 October 2003.  His
Statement for Enlistment United States Army Enlistment Program shows he
enlisted for training of choice, for the LRP, and for the U. S. Army
Partnership for Youth Success (PAYS) program.  Page 2 of this Statement
informed him that enlistment for the LRP ensured him, provided he met and
maintained the prescribed prerequisites, that the portion of amount of loan
that could be repaid was 33 1/3 percent or $1,500, whichever was greater,
of the unpaid principal balance for each year of service completed.  It
also informed him that repayment would be made only after each successful
year of active duty that he performed commencing on the date of his
enlistment in the Regular Army.

2.  The applicant signed the Statement for Enlistment United States Army
Enlistment Program acknowledging that he had read and understood the
statements and that those statements were intended to constitute ALL
(emphasis in the Statement) promises and guarantees whatsoever concerning
his enlistment.  No other (verbal or otherwise) promise not annexed to his
enlistment contract was valid or would be honored.  He stated that he had
NOT (emphasis in the Statement) been promised anything other than what was
written on that form.

3.  The applicant's medical records and separation packet are not
available.  He was discharged on 29 January 2004 after completing 3 months
and 22 days of creditable active service.  His DD Form 214 (Certificate of
Release or Discharge
from Active Duty) shows his narrative reason for separation as failed
medical/physical procurement standards.

4.  On 27 May 2004, the DVA awarded the applicant a 10 percent disability
rating for a service-connected condition of left foot hallux valgus
(bunion) with status post stress fracture.

5.  In the processing of this case, an advisory opinion was erroneously
obtained from the U. S. Army Reserve Incentives Program Manager.  That
individual opined on the applicant's eligibility for the Student Loan
Repayment Program (SLRP, the Reserve student loan repayment incentive
program) because he failed to serve 1 year in the Selected Reserve.  A copy
of this advisory opinion was provided to the applicant for comment or
rebuttal.  He rebutted that it was obvious that he had not served 1 year in
the Selected Reserve because he was prematurely discharged due to a service-
connected disability.

6.  The LRP is a Department of the Army enlistment option authorized by
Public Law 99-145.  This option is designed to increase Test Score Category
I-IIIA accessions.  Loans that qualify for repayment are Guaranteed Student
Loan/Stafford Loans, National Direct Student Loan/Perkins Loans, William D.
Ford Loans, Supplemental Loans for Students, Federally Insured Student
Loans (FISL), Parent Loan for Undergraduate Students (PLUS), Auxiliary Loan
Assistance for Students (ALAS), and consolidated loans which fall under
Title IV, Part B or E of the Higher Education Act of 1965, or William D.
Ford Loan.  Active Army LRP participants earn their first loan repayment
after completion of a full year of active duty and for each full year
thereafter, up to 3 years.  Payment of  33 1/3 percent or $1,500, whichever
is greater, is authorized annually to the loan holder on the total
remaining original outstanding principal balance.

DISCUSSION AND CONCLUSIONS:

1.  It is acknowledged that the DVA awarded the applicant a 10 percent
disability rating for a service-connected condition of left foot hallux
valgus with status post stress fracture.  His DD Form 214 indicates the
Army separated him for failing to meet medical/physical procurement
standards.

2.  However, the reason for separation is irrelevant to the applicant's
eligibility for repayment of his student loans under the LRP.  His contract
informed him that repayment would be made only after each successful year
of active duty that he performed commencing on the date of his enlistment
in the Regular Army.  Unfortunately, he did not complete a full year of
active duty and there are no provisions to prorate a loan repayment.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__jpi___  __reb___  __pbf___  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.




            ___John P. Infante____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040006372                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050428                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |112.12                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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