RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 6 September 2007
DOCKET NUMBER: AR20070011434
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.
Ms. Catherine C. Mitrano
Director
Mr. Mohammed R. Elhaj
Analyst
The following members, a quorum, were present:
Ms. Linda D. Simmons
Chairperson
Mr. Frank C. Jones, II
Member
Ms. Carmen Duncan
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 reconsideration of his earlier request that his student loans be paid off under the Loan Repayment Program (LRP).
2. The applicant states, in effect, that he was promised the loan would be paid and that he received an electronic mail (email) from his recruiter stating that he (the recruiter) told him that his student loan would be paid off.
3. The applicant provides a copy of the U.S. Army Recruiting Command (USAREC) Message 06-184 dated 29 September 2006, in support of his application.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR 20070005860, on 28 June 2007.
2. The applicant submitted a copy of the USAREC Message dated 29 September 2006, subject: Loan Repayment Program, which was not previously reviewed by the ABCMR; therefore, it is considered new evidence and as such warrants consideration by the Board.
3. The Department of Defense Educational Loan Repayment Program Annual Application (DD Form 2475) dated 20 September 2005 indicates that on 12 January 2005, the applicant obtained an American Education Service (AES) loan for $37,690.24. It further shows that payments were being made and that the balance at that time was still $37,690.24
4. The USAREC Message is a compilation of previous USAREC Messages concerning the LRP. This Message lists the requirements for all applicants that enlist for the LRP (Option 27). It also lists all Federally Insured Loans that are authorized student loans that an applicant may have in order to be eligible for the LRP. The Message also provides a list of non-qualifying loans for the LRP and states that the non qualifying list is not all inclusive and that there may be other non qualifying loans that have not been identified.
5. The Loan Repayment Program 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. Before entering active duty, the loan must not be in default. The borrower is responsible for obtaining a deferment/forbearance with the loan holder and the loan must remain in good standing throughout the repayment process. 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.
6. 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 these programs/options are designed to merge valid Army requirements with personal desires.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he is qualified for the Loan Repayment Program.
2. Evidence of record shows that on 14 September 2004, the applicant authenticated the Statement for Enlistment, a basic form used to record contractual obligations to enlistees as well as guarantees and annexes to the enlistment contract, indicating that he fully understood that only certain loans qualified for the LRP. The USAREC Message, submitted by the applicant, does not list AES as a Federally Insured Loan that a Soldier may have in order to be eligible for the LRP. Additionally, as stated in the previous Board proceedings, it appears that the AES loan was obtained on 12 January 2005, which is after the applicant's enlistment and entry on active duty.
3. In view of the evidence that the applicant's loan is not a Title IV loan, unfortunately, there is insufficient evidence available to grant this request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__lds___ __fcj___ __cd____ 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 to amend the decision of the ABCMR set forth in Docket Number AR20070005860, dated 28 June 2007.
Linda D. Simmons
______________________
CHAIRPERSON
INDEX
CASE ID
AR20070011434
SUFFIX
RECON
DATE BOARDED
20070906
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
(DENY)
REVIEW AUTHORITY
ISSUES 1.
112.1200
2.
3.
4.
5.
6.
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