B-147388, OCT. 31, 1961

B-147388: Oct 31, 1961

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YOU EXPRESS THE BELIEF THAT BECAUSE YOU ENTERED INTO THE ACTIVE MILITARY SERVICE PRIOR TO THE RECEIPT OF YOUR DEGREE THAT YOUR INDEBTEDNESS WAS CANCELLED. THE RECORD IS CLEAR THAT YOUR ENTRY INTO THE ARMED FORCES. IN NO WAY INTERFERED WITH YOUR COMPLETION OF THE COURSES IN WHICH YOU WERE ENROLLED. AT THE TIME OF YOUR INDUCTION YOU HAD SUBSTANTIALLY COMPLETED ALL THAT WAS REQUIRED BY THE EDUCATIONAL INSTITUTION IN ORDER TO OBTAIN YOUR DEGREE. IS DIRECTLY IN POINT AND THE CONCLUSION STATED THEREIN IS CONTROLLING IN THE MATTER HERE INVOLVED. WAS INTENDED TO EXCUSE REPAYMENT IN THOSE INSTANCES WHERE RECIPIENTS OF LOANS. WERE UNABLE TO COMPLETE THE COURSES IN WHICH THEY WERE ENROLLED. IT CANNOT BE SAID THAT YOU WERE PREVENTED FROM COMPLETING YOUR STUDIES BY REASON OF YOUR INDUCTION.

B-147388, OCT. 31, 1961

TO MAJOR LORENCE F. BROWN:

YOUR LETTER OF SEPTEMBER 14, 1961, REQUESTS FURTHER REVIEW OF YOUR INDEBTEDNESS TO THE UNITED STATES IN THE AMOUNT OF $500 PLUS INTEREST RESULTING FROM YOUR RECEIPT OF A STUDENT LOAN UNDER THE PROVISIONS OF PUBLIC LAW 647, 77TH CONGRESS, 56 STAT. 576, WHILE ATTENDING WEST VIRGINIA WESLEYAN COLLEGE.

YOU EXPRESS THE BELIEF THAT BECAUSE YOU ENTERED INTO THE ACTIVE MILITARY SERVICE PRIOR TO THE RECEIPT OF YOUR DEGREE THAT YOUR INDEBTEDNESS WAS CANCELLED. THE RECORD IS CLEAR THAT YOUR ENTRY INTO THE ARMED FORCES, SHORTLY BEFORE THE END OF THE SEMESTER, IN NO WAY INTERFERED WITH YOUR COMPLETION OF THE COURSES IN WHICH YOU WERE ENROLLED. IN OTHER WORDS, AT THE TIME OF YOUR INDUCTION YOU HAD SUBSTANTIALLY COMPLETED ALL THAT WAS REQUIRED BY THE EDUCATIONAL INSTITUTION IN ORDER TO OBTAIN YOUR DEGREE.

IN THIS CONNECTION OUR DECISION B-134337 OF AUGUST 5, 1958, REFERRED TO BY YOU, IS DIRECTLY IN POINT AND THE CONCLUSION STATED THEREIN IS CONTROLLING IN THE MATTER HERE INVOLVED.

THE CANCELLATION PROVISION CONTAINED IN PUBLIC LAW 647, CITED ABOVE, WAS INTENDED TO EXCUSE REPAYMENT IN THOSE INSTANCES WHERE RECIPIENTS OF LOANS, WHO BY REASON OF THEIR INDUCTION INTO THE ARMED SERVICES, WERE UNABLE TO COMPLETE THE COURSES IN WHICH THEY WERE ENROLLED. THE FACT THAT YOU RECEIVED YOUR DEGREE INDICATES THAT THE COLLEGE YOU ATTENDED HAD DETERMINED THAT YOU HAD SUBSTANTIALLY COMPLIED WITH ITS ACADEMIC REQUIREMENTS AND, THEREFORE, IT CANNOT BE SAID THAT YOU WERE PREVENTED FROM COMPLETING YOUR STUDIES BY REASON OF YOUR INDUCTION.

THE FACT THAT YOUR DEGREE WAS CONFERRED AT A LATER DATE DOES NOT CONCLUSIVELY ESTABLISH THAT YOU DID NOT RECEIVE A COMMISSION AS AN OFFICER BECAUSE YOU DID NOT HAVE A DEGREE AT THE TIME OF YOUR INDUCTION. NOR DOES IT HAVE ANY BEARING ON THE MATTER OF LIABILITY. MOREOVER, IT IS NOT SHOWN THAT ANYTHING FURTHER WAS REQUIRED OF YOU IN ORDER TO OBTAIN YOUR DEGREE AT THE TIME YOU REPORTED FOR INDUCTION.

IN VIEW OF THE FACTS AND CIRCUMSTANCES DISCLOSED BY THE RECORD, WE CONCLUDE THAT YOU ARE LEGALLY OBLIGATED TO REPAY THE UNITED STATES THE FULL AMOUNT OF THE LOAN PLUS THE ACCRUED INTEREST. THIS AMOUNT TOTALED $733.70 AS OF SEPTEMBER 30, 1961.

THE STATEMENT ON FORM C-91 (4-1-60), RECENTLY EXECUTED BY YOU, THAT YOU DESIRE TO HAVE THE MATTER DETERMINED BY A COURT OF LAW, LEAVES US NO ALTERNATIVE OTHER THAN TO REFER THE MATTER TO THE DEPARTMENT OF JUSTICE FOR WHATEVER COLLECTION ACTION IS DEEMED NECESSARY BY THAT AGENCY, UNLESS YOU TAKE DEFINITE ACTION WITHIN 30 DAYS OF THE DATE OF THIS LETTER TO EXTINGUISH THE INDEBTEDNESS.