2. The applicant requests that he be given the Regular Army (RA) Student Loan Repayment Program (SLRP) educational enlistment incentive, and that his $1,200.00 contribution to the Montgomery G.I. Bill (MGIB) be refunded to him. (The SLRP changed to the Loan Repayment Program (LRP) in or around 1990.)
3. The applicant states that he had enlisted in the South Dakota Army National Guard (SDARNG) for the SLRP and only consented to enlist in the RA when he was assured that his SLRP would remain in effect. However, his enlistment contract had N/A (not applicable) entered in the LRP option, making him ineligible for that incentive. He believes that he should have been given a choice on whether he wanted that option. Also, the contract provides yes or no spaces for the enlistee to initial when he or she elects an education incentive. Without initials entered in all those spaces, the contract cannot be considered valid. After his enlistment in the RA, he enrolled in the MGIB only when he was told that he had no alternative; that he could then only elect the MGIB since he did not select the SLRP when he enlisted. He details his numerous unsuccessful efforts to change his MGIB to SLRP, he accuses his recruiter of misleading him in this and other areas, and he contends that the regulations governing the SLRP are vague in who is considered prior service for the purpose of SLRP eligibility, which is the reason the recruiter determined that he was ineligible for that option.
4. The applicant's military records show that he enlisted in the SDARNG on 25 May 1990 with no prior service. At that time he completed a DA Form 5261-4-R, SLRP Addendum, to receive SLRP educational benefits. Section VII of that form, Termination, item 3, specifies that entitlement under the SLRP will be terminated should he be separated from the Selected Reserve as an enlisted person for any reason except for a period of non-availability.
5. He completed 2 months and 4 days of initial active duty for training and was awarded the military occupational specialty of tuba player. He was promoted to pay grade E-5.
6. On 13 January 1993 he enlisted in the RA for 4 years in pay grade E-4. In conjunction with his enlistment he completed a DA Form 3286-67, Statement of Understanding, Army Policy, in which is stated in item 5 I have enlisted for the following Educational Incentive Programs (initial under the appropriate column for each program). That form provided yes and no spaces for the enlistee to initial if the MGIB, the Army College Fund (ACF), or the LRP was chosen in conjunction with the enlistment. The applicant initialed affirmatively in the block for the MGIB; however, N/A was written across the ACF and the LRP blocks. The applicant had a masters degree at the time of his enlistment.
7. The MGIB, as outlined in title 38, United States Code, chapter 30, section l411(b), provides for soldiers who entered the service after 30 June l985, to be automatically enrolled into the MGIB and to contribute $l,200.00 during their first l2 months service, which is non-refundable. After completion of their service obligation, he or she is entitled to receive up to $300.00 per month educational benefits for 36 months. The program is administered by the VA.
8. The LRP is an educational enlistment incentive which provides for payment of 33 1/3 percent or $1,500.00 of the unpaid principal of eligible student loans for each year of active duty a soldier completes. When a soldier enlists for this option, he must disenroll from the MGIB.
9. Army Regulation 601-202, paragraph 3-2, and United States Army Recruiting Command (USAREC) Regulation 621-1, paragraph 3-2, limits the LRP option to non-prior service enlistees. Army Regulation 601-210, paragraph 3-2, defines a prior service enlistee as anyone who has served 180 or more days on active duty as a member of an armed force.
10. In the processing of this case the staff of the Board found it necessary to contract the Deputy Chief of Staff for Personnel (DCSPER) for additional information. The DCSPER stated that a guardsman on his or her initial enlistment is considered non-prior service if he or she has served less than 180 days on active duty.
CONCLUSIONS:
1. Although the applicant was eligible for the LRP, it appears that he was not offered that option.
2. It is inconceivable that the applicant, who had existing student loans incurred in conjunction with his masters degree and who had already derived benefits from the SDARNG SLRP, would opt for the MGIB in lieu of the LRP.
3. The fact that the applicants RA enlistment contract had N/A entered in the spaces provided for the LRP and the ACF is evidence that the applicant was misinformed of his eligibility for the LRP by his recruiter. As stated by the applicant, a declination of those incentives would have required him to enter his initials in the No space provided in the contract.
4. If relief is granted in the form of showing that the applicant enlisted in the RA for the LRP, by necessity he would have to be disenrolled from the MGIB when he enlisted. As such, it would be appropriate to refund to him the $1,200.00 he contributed to the MGIB.
5. In view of the foregoing, it is in the interest of justice to correct the applicants records as recommended below.
RECOMMENDATION:
That all of the Department of the Army records related to this case be corrected:
a. by showing that the individual concerned elected the LRP option when he enlisted in the RA on 13 January 1993;
b. by showing that he disenrolled from the MGIB when he enlisted in the RA; and
c. by refunding to him the $1,200.00 he contributed to the MGIB.
BOARD VOTE:
GRANT AS STATED IN RECOMMENDATION
GRANT FORMAL HEARING
DENY APPLICATION
CHAIRPERSON
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