RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 October 2005
      DOCKET NUMBER:  AR20050003044


      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.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. John J. Wendland, Jr.         |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James E. Vick                 |     |Chairperson          |
|     |Mr. Conrad V. Meyer               |     |Member               |
|     |Ms. Linda M. Barker               |     |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, in effect, enrollment in the Loan Repayment
Program (LRP) Educational Incentive Program instead of the Montgomery G.I.
Bill (MGIB).

2.  The applicant states, in effect, that his Army recruiter promised him
that following graduation from the English Language Training Program and
achieving a qualifying Armed Services Vocational Aptitude Battery (ASVAB)
score, he would be eligible to renegotiate his enlistment contract to
enroll in the LRP.  However, the Army has refused to renegotiate the
applicant's enlistment contract.

3.  The applicant provides an Affidavit, dated 10 December 2004; DA Form
3286-67 (Statement of Understanding (Army Policy)), Annex B, dated
16 July 2001; DA Form 3286-63 (Statement for Enlistment United States Army
Training Enlistment Program), Annex C, dated 30 August 2001; and DA Form
3286-64 (Statement for Enlistment United States Army Station/Command/Area
Enlistment Program), dated 8 April 2002.

CONSIDERATION OF EVIDENCE:

1.  On 30 August 2001, the applicant enlisted in the Regular Army for four
years and entered active duty.

2.  The applicant's record contains a DD Form 4/2 (Enlistment /
Reenlistment Document Armed Forces of the United States), dated 16 July
2001.  Section B (Agreements), Item 8b (Remarks), of the document shows the
entry, "None".  Section D (Certification and Acceptance), Item 13a, states,
"I certify that I have carefully read this document.  Any questions I had
were explained to my satisfaction.  I fully understand that only those
agreements in Section B of this Document or recorded on the attached
annex(es) will be honored.  Any other promises or guarantees made to me by
anyone are written below: (If none, X "NONE" and initial.)". The document
shows that the applicant marked the box "None", initialed, and signed the
document.

3.  The applicant's record contains a DA Form 3286-59 (Statement For
Enlistment United States Army Enlistment Program, U.S. Army Delayed
Enlistment Program), Annex A, dated 16 July 2001, which shows the applicant
enlisted for Army Military Occupational Specialty (MOS) 09C1O (Trainee
(English as a Second Language)).


4.  The applicant's record contains a DA Form 3286-67 (Statement of
Understanding (Army Policy), Annex B, dated 16 July 2001, which shows in
Item 5 (Educational Incentive Programs) that the applicant initialed the
column "YES" for the MGIB, and that he initialed the column "NO" for both
the Army College Fund (ACF) and Loan Repayment Program (LRP).  The
applicant authenticated and dated this document, along with the Army
guidance counselor.

5.  The applicant's record contains a DD Form 2366 (Montgomery GI Bill Act
of 1984 (MGIB), dated 16 July 2001, which shows the applicant understood
his eligibility for the MGIB and the terms of his enrollment in the MGIB.

6.  The applicant's record contains a DA Form 3286-63 (Statement For
Enlistment United States Army Training Enlistment Program), Annex C, dated
30 August 2001, which replaced Annex A.  This document shows the applicant
confirmed his enlistment in the Regular Army for MOS 09C1O (Trainee
(English as a Second Language)).

7.  On 30 August 2001, recruiting personnel completed Section V
(Recertification) and Section VI (Remarks) of the Record of Military
Processing - Armed Forces of the United States (DD Form 1966/3).  This
document contains an entry showing that there were no changes made to any
of the items on the enlistment document.  The document is absent any
reference to the applicant’s participation in the LRP.  Both the Army
recruiter and applicant signed this document on 30 August 2001.

8.  The applicant's record contains a DA Form 3286-64, dated 8 April 2002,
which shows the applicant's acknowledgement to receive training in MOS
35J1O (Computer/Automation Systems Repair) and an initial assignment to
Europe.

9.  Evidence of records shows that the applicant completed advanced
individual training, was awarded MOS 35J1O, and then assigned to Germany.

10.  The applicant provides an affidavit in which he describes the events
and circumstances surrounding his enlistment, completion of the English
Language Training Program, achieving a qualifying ASVAB score, and the
failure of Army recruiters to renegotiate his enlistment contract.





11.  During the processing of this case, an advisory opinion was obtained
from the U.S. Army Human Resources Command (USA HRC), Acting Chief,
Education Incentives Branch.  This USA HRC official recommends disapproval
of the applicant’s request based on the fact that the LRP is not a program
for which an individual becomes eligible after entry on active duty and
that there is no indication that the applicant enlisted with the LRP as
part of his Regular Army enlistment agreement.

12.  On 18 April 2005, the applicant was provided a copy of the USA HRC
advisory opinion in order to have the opportunity to reply to its contents.
 To date, he has failed to respond.

13.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment
Program) prescribes eligibility criteria governing the enlistment of
persons, with or without prior service (PS), into the Regular Army (RA) and
the USAR.  Chapter 6, section II, contains guidance on the Guidance
Counselor Processing Phase.  It states, in pertinent part, that Guidance
Counselors will use the supporting automated systems and updated regulatory
material applicable to MOS and available options to counsel all applicants
on their enlistment options.  It further states that Guidance Counselors
will counsel applicants who fail to meet specific qualifications for
options for which they applied and advise them of other available options.

14.  Chapter 9 of Army Regulation 601-210 also provides, in pertinent part,
Regular Army Enlistment Programs and Options.  This document shows that
under Enlistment Program 9A (U.S. Army Training Enlistment Program) the
enlistee is guaranteed: (1) a specific MOS or CMF; (2) airborne training,
if REQUEST Option 4 with an uncommitted assignment is selected; and (3)
language and intelligence MOS/training, if selected, and qualifications are
met for the MOS in which enlisting for.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that Army recruiters promised him that, upon
achieving a qualifying ASVAB score, he could renegotiate his enlistment
contract to allow him to enroll in the LRP was carefully considered.
However, the applicant provided insufficient evidence to establish that
Army recruiters had made such a promise.




2.  The applicant's record shows that in conjunction with his enlistment in
the U.S. Army Reserve for the U.S. Army Training Enlistment Option on
16 July 2001, he enrolled in the MGIB.  In addition, upon entering into the
Regular Army on 30 August 2001, the applicant affirmed that there were no
changes to the information in his enlistment documents.  His record also
shows that he was subsequently trained in and awarded MOS 35J.  Therefore,
the guarantee contained in his U.S. Training Enlistment Option was
fulfilled.

3.  In the advisory opinion, the USA HRC Acting Chief, Education Incentives
Branch, states that an exception to policy can be granted to enroll an
individual in the LRP if there is some documentation or evidence supporting
a claim for eligibility.  Individuals enlisting with the LRP as part of
their enlistment contract must meet certain eligibility criteria.  Part of
the eligibility criteria requires Soldiers to disenroll from the MGIB, have
loans that qualify, and enlist with an Armed Forces Qualification Test
(AFQT) score of 50 or above.  However, the records provided show that the
Soldier enrolled in the MGIB and did not meet the minimum AFQT score
requirement.  Therefore, he is not entitled to enrollment in the LRP.

4.  The applicant's enlistment documents are absent any evidence that
included a guarantee or option to renegotiate his enlistment contract to
enroll in the LRP upon achieving a qualifying ASVAB score.

5.  In view of the facts of this case, it is concluded that the Army has
satisfied the requirements of the U.S. Training Enlistment Option contained
in the applicant's Regular Army enlistment contract.

6.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JEV __  __CVM __  __LMB__  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.





                                  _____JAMES E. VICK_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003044                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051026                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |103.0100.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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