IN THE CASE OF: BOARD DATE: 12 January 2010 DOCKET NUMBER: AR20090008776 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 that his enlistment contract be changed to show he declined the Montgomery GI Bill (MGIB) and that he elected the Loan Repayment Program (LRP) option in conjunction with an enlistment bonus (EB). He also requests that if approved for the LRP, the money he paid into the MGIB be refunded to him. 2. The applicant states education assistance and loan repayment were the leading factors for him joining the military. He states that at the time of his enlistment the LRP was not available. He states his contract could not be changed when he got to basic training. He states he was misled and misinformed and would like his contract changed. He states he plans to make the Army a lifelong career and the MGIB would not support him because during the course of his 20-year career, his education is free as long as he is in the service. 3. The applicant provides, in support of his application, copies of a letter from the Station Commander, Northeast Recruiting Station, San Antonio, TX; his enlistment contract; and five pages from his application for enlistment. CONSIDERATION OF EVIDENCE: 1. On 3 March 2008, the applicant enlisted in the Army Reserve Delayed Entry/Enlistment Program. A DD Form 2366 (Montgomery GI Bill Act of 1984 [MGIB] Basic Enrollment), dated 3 March 2008, shows the applicant elected to enroll in the MGIB and have his basic pay reduced $100.00 per month until $1200.00 had been deducted. Section 3 (Statement of Understanding for All Eligible Members) of the form specifically states that the pay reduction cannot be refunded, suspended, or stopped and the decision of the applicant to enroll is irrevocable. 2. On 26 March 2008, the applicant enlisted in the Regular Army for a period of 4 years in pay grade E-3. His DA Form 3286 (Statement for Enlistment - U.S. Army Enlistment Program), dated 26 March 2008, indicates that he enlisted for training in military occupational specialty (MOS) 68X (Mental Health Specialist) and an EB in the amount of $6000.00 based on 60 or more semester hours of college. 3. The applicant completed basic combat training and advanced individual training and was awarded MOS 68X. He is currently assigned to the Womack Army Medical Center, Fort Bragg, NC, with duties in MOS 68X. 4. In the processing of this case, an advisory opinion, dated 18 September 2009, was provided by the Chief, Incentives and Budget Branch, Enlisted Accessions Division, Office of the Deputy Chief of Staff, G-1, Headquarters, Department of the Army (HQDA). The G-1 recommended that the applicant's request be granted and his contract be amended to permit loan repayment participation. The applicant was provided a copy of this opinion and given 30 days to submit matters in rebuttal; however, no response has been received. 5. The HQDA G-1 provided a second advisory opinion, dated 9 December 2009, in which it recommended the Soldier's request be denied. The G-1 stated that based on an HQDA incentives message, dated 3 March 2008, the LRP was open to any applicant enlisting in incentive levels 1-8. The G-1 states MOS 68X was not at incentive level 8 when the Soldier contracted and he was not eligible for the LRP. The applicant was provided a copy of this opinion and given 30 days to submit matters in rebuttal; however, no response has been received. 6. In a memorandum for record, dated 25 March 2009, the Station Commander, Northeast Recruiting Station, San Antonio, TX, stated the applicant was interested in the LRP to pay back his college loans. The commander stated MOS 68X1O that the applicant elected did not offer any enlistment incentives other than the MGIB. The commander stated the applicant did inform his recruiter of his interest in the LRP, but they were unable to get that incentive added to his current MOS. 7. HQDA message, dated 3 March 2008, subject: Enlistment Incentive Program Change Effective 3 March 2008, does state that the LRP is available to all MOSs in incentive levels 1-8. However, this message also lists those MOSs in incentive levels 1-8 and MOS 68X is not listed. DISCUSSION AND CONCLUSIONS: 1. The applicant's MOS was not among those listed as being in incentive levels 1-8 in the HQDA incentives message that was effective 3 March 2008. Therefore, the applicant was simply not eligible for the LRP. 2. The station commander stated in his memorandum for record that they were not able to get the LRP added to his current MOS. In his own statement in his application, the applicant acknowledged that at the time of his enlistment the LRP was not available. Therefore, the applicant's contention that he was misled and misinformed is not supported by the evidence. 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) AR20090008776 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090008776 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1