IN THE CASE OF:
BOARD DATE: 1 August 2013
DOCKET NUMBER: AR20130000398
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, correction of his records to show he was eligible for payment of his student loans when he completed his military service.
2. The applicant states the Army recruiter did not include the payment of his student loans in his contract when he joined the Army. He found out he could request this correction from a representative in his senator's office. He was told all staff recruited when he was at Walter Reed Army Medical Center (WRAMC) had their student loans paid after completion of their service.
3. The applicant provides copies of:
* a 17 February 1993, Army Commendation Medal Certificate
* his Armed Forces Identification Card and Department of Defense Geneva Convention Identity Card
* his 14 May 1997, Honorable Discharge Certificate
* an 8 March 2012, U.S. Army Recruiting Command, Fort Knox, Kentucky, letter addressed to the applicant's senator
* his 7 November 2012 student loan account statement
CONSIDERATION OF EVIDENCE:
1. The applicant's record shows he was appointed in the U.S. Army Reserve in the Medical Service Corps effective 26 April 1989. He entered active duty on
21 June 1989 as a captain. He was released from active duty on 19 July 1993.
2. His records do not contain any documents showing he was eligible for or participating in a loan repayment program.
3. The Loan Repayment Program (LRP) is a Department of Army recruiting incentive option authorized by Public Law 99-145, Section 671(a)(1). Individuals must contract for the LRP upon entry on active duty. Eligibility criteria for this program consists of the following:
a. individual must contract for the LRP as a non-prior service accession for a 3 or more year term of service into the active force,
b. must disenroll from the Montgomery GI Bill,
c. must contract as a member in an officer candidate program or contract for a selected military occupational specialty; and
d. loans must be made, insured, or guaranteed prior to entry on active duty.
DISCUSSION AND CONCLUSIONS:
1. The LRP was not included in his appointment documents and he willingly agreed to enter active duty without that incentive.
2. There is no evidence to show he was eligible for the LRP or to support his assertion that all staff recruited when he was at WRAMC had their student loans paid after completion of their service.
3. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X____ ___X___ 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.
_______ _ X______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20120000741
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20130000398
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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