RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 OCTOBER 2006
      DOCKET NUMBER:  AR20060009654


      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             |
|     |Ms. Rene’ R. Parker               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James Gunlicks                |     |Chairperson          |
|     |Mr. Michael Flynn                 |     |Member               |
|     |Mr. Scott Faught                  |     |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 to have his law school loan paid under the
Student Loan Repayment Program (SLRP).

2.  The applicant states his loan was an educational loan necessary for
attending law school and was recommended by the law school.  Additionally,
he states this was a hardship loan.

3.  The applicant provides a letter from the Chief, Education Incentives
Branch, loan application forms, Financial Aid Documentation, and DD Forms
2475 (Department of Defense Educational LRP Annual Application).

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show that on 15 September 2005, he
enlisted in the Regular Army for 6 years in the pay grade of E-4.  A
Statement of Understanding United States Army Incentive Enlistment Program,
prepared during his enlistment processing, confirms that the applicant
enlisted in the Regular Army for a Cash Bonus and the LRP incentive option.


2.  The LRP provisions in the Statement of Enlistment required, in
pertinent part, that the applicant acknowledge and understand that only
certain loans qualify for the LRP.  Loans which qualify for this program
includes those which are made, insured or guaranteed under Part B of the
Higher Education Act of 1975 (Guaranteed Student Loan) or any loan under
Part E of such act (National Direct Student Loan) after 1 October 1975 and
before entering Active Duty.

3.  As an incentive, the applicant was also eligible to receive a
$13,000.00 cash bonus.  He understood that the LRP was contingent on his
disenrollment from the GI Bill.  Disenrollment must be accomplished at the
time he entered active duty.  If he failed to complete the disenrollment
portion of the DD Form 2366, he would not be eligible for the LRP and would
be automatically enrolled in the GI Bill.  The applicant signed his
statement of enlistment verifying that he understood “all promises and
guarantees whatsoever concerning my enlistment.”

4.  On 20 September 2005, the applicant signed DD Form 2366 disenrolling
from the Montgomery GI Bill.



5.  The DD Form 2475, provided by the applicant with copies of his
promissory notes, shows that he submitted two applications for repayment of
loans to Kentucky Higher Education Student Loan Corporation (KHESLC)
totaling $16,187.22.

6.  On 8 June 2005, the Chief, Education Incentives Branch, determined that
based upon the information provided by KHESLC, the applicant’s loans
totaling $16,187.22 did not qualify for repayment under the LRP.  The
Chief, Education Incentives Branch, justified her decision by stating the
applicant’s loans were law school loans which were not made, insured or
guaranteed under Title IV, Part B, D, or E of the Higher Education Act.

7.  The financial aid documentation shows that the applicant requested and
was awarded financial aid while attending the University of Colorado.

8.  E-mail from the Education Incentives Branch, dated 18 July 2006,
verified that the applicant received a Stafford Student Loan in the amount
of $24,891.67.  This loan is currently being paid under the SLRP.

9.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment
Program) prescribes eligibility criteria governing the enlistment of
persons, with or without prior service, into the Regular Army and the U. S.
Army Reserve.  Chapter 9 (Enlistment Programs/Options) states that these
programs/options are designed to merge valid Army requirements with
personal desires.

10.  Army Regulation 601-210, Table 9-4, contains guidance on enlistment
option program 9C (Bonus/Army College Fund/Loan Repayment Program).  Table
9-4 provides program processing procedures that require specific counseling
and administrative actions in connection with processing members enlisting
with the LRP incentive.  In addition, Line 7 of Table 9-4 requires the
guidance counselor to verify that the applicant has qualifying loans if
enlisting for the LRP, to advise the applicant if any loan is not eligible,
and to have the applicant acknowledge same in the remarks section of the DD
Form 1966 series.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's enlistment contract, which he completed in September
2005, shows that he stated that he understood that only certain loans would
be paid by the Army under the LRP.  The applicant makes no argument that he
believed his law school loans qualified for repayment under the SLRP.  He
simply states “This loan was an educational loan necessary for attending
law school.”

2.  Evidence of record verifies that the government is currently paying the
applicant’s Stafford Loan in the amount of $24,891.67.  Additionally, the
applicant enlisted for a cash bonus of $13,000.00.  The Army has lived up
to the provisions of his enlistment contract, and there is no evidence, and
the applicant has not submitted any, to show that his recruiter or other
responsible personnel assured him that all his student loans, to include
his law school loan, would be paid by the government.

3.  In order to justify correction of a military record the applicant must
show, 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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JG  ___  ___MF   _  ___SF __  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.




                                  _____James Gunlicks_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060009654                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061005                                |
|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.       |103.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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