RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 29 November 2005
DOCKET NUMBER: AR20050009386
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. W. W. Osborn, Jr. | |Analyst |
The following members, a quorum, were present:
| |Mr. Stanley Kelley | |Chairperson |
| |Mr. Melvin H. Meyer | |Member |
| |Ms. LaVerne M. Douglas | |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 that he be allowed to retake the Armed Forces
Qualifying Test (AFQT) so that he can qualify for an enlistment bonus and
the loan repayment program.
2. The applicant states that about the time he finished his third year of
college he figured out that the employment opportunities in his field
(illustration) were not very promising. He was recruited because of his
foreign language skills. He was not told that he could retake the AFQT.
About a year after he entered active duty he learned that he could have
retaken the AFQT and that a score of 50 would have qualified him for the
enlistment incentives. His recruiter later admitted to him that he had not
really known what he was doing. Everyone he attended advanced individual
training with was receiving bonus money and LRP payments while he has to
pay off his student loans at $200.00 per month for 15 years.
3. The applicant provides copies of his automated enlistment documents and
his initial training reservation.
CONSIDERATION OF EVIDENCE:
1. On 20 June 2003, the applicant enlisted and entered the Regular Army in
pay grade E-4. He was approximately 21 years and 2 months old and had 16
years of education. His AFQT was 46.
2. Army Regulation 601-210 (Regular Army and Army Reserve Enlistment
Program) does not authorize AFQT retesting for the sole purpose of
qualifying an applicant for an enlistment incentive.
3. The Loan Repayment Program is a Department of the Army enlistment
option authorized by Public Law 99-145. This option is designed to
increase Test Score Category I-IIIA accessions [AFQT score of 50 or
higher].
4. During the processing of this case an advisory opinion was obtained
from the Office of the Deputy Chief of Staff for Personnel (G-1). It notes
that the governing regulation does not provide for AFQT retesting in order
to qualify an individual enlistment incentives.
5. The advisory opinion was forwarded to the applicant for comment or
rebuttal. No response was received.
DISCUSSION AND CONCLUSIONS:
1. There is no regulatory provision for AFQT retesting in this instance.
Retesting was neither required nor indicated in this case. The requested
relief is not warranted.
2. The foregoing is in consonance with the advisory opinion from G-1.
3. The recruiter appears to have simply "signed-up" a willing prospect who
was well above the average in age and education level. There is no
indication that the recruiter did anything by omission or commission to
improperly induce the applicant to enlist. Indeed, the applicant does not
even allege that this occurred.
4. 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
__LMD __ __SK___ __MHM__ 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.
__ Stanley Kelley________
CHAIRPERSON
INDEX
|CASE ID |AR20050009386 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20051129 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. |112.00 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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