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
ARMY | BCMR | CY2013 | 20130007087
The DD Form 1966 and DA Form 3286 completed when she enlisted in the DEP show she acknowledged she was enlisting for program 9A (U.S. Army Training Enlistment Program), option 3, for training in military occupational specialty (MOS) 68W (Health Care Specialist). She provided the following documentation in support of her application: a. a USAREC Form 1232 signed by her and a guidance counselor on 16 August 2011 which shows she indicated she understood, in part: * she must disenroll from the...
ARMY | BCMR | CY2011 | 20110023515
The applicant requests correction of his November 2008 enlistment contract to show he enlisted for the Student Loan Repayment Program (SLRP) incentive. Had the applicant's contract listed the SLRP incentive, he would not have been authorized the $2,000 MOS bonus. Not only did the career counselor fail to list the LRP incentive on the enlistment contract, had the applicant's contract listed the LRP incentive, he would not have been authorized the $2,000 MOS bonus.
ARMY | BCMR | CY2008 | 20080011494
He also acknowledged he understood only certain loans qualify for the LRP program and that the government will repay a designated portion of any loan he incurred that was made, insured or guaranteed under Part B of the Higher Education Act (Guaranteed Student Loan) or any loan under Part E of such act (National Direct Student Loan) after 1 October 1975 and before he enlisted in the Army. The applicant enlisted with the LRP as a part of his Regular Army contract and disenrolled from the...
ARMY | BCMR | CY2013 | 20130002352
The applicant requests correction of his records to show entitlement to all of the benefits he contracted for upon enlistment in the U.S. Army Reserve (USAR), including a Non-Prior Service Enlistment Bonus (NPSEB), Montgomery GI Bill (MGIB) Kicker, and $20,000.00 Student Loan Repayment Program (SLRP). However, the assistant IG advised the applicant to contact the Army Board for Correction of Military Records since his USAR Annex shows the MGIB Kicker Addendum. As a result, the Board...
ARMY | BCMR | CY2002 | 2002074812C070403
By regulation, Army Guidance Counselors are required to verify that a member enlisting for the LRP has qualifying loans and to advise those members if any loan is not eligible for repayment. In doing so, the applicant’s military records should be corrected to show his DA Form 3286-66 was amended to include the sentence “If a student loan is accepted by the official processing you for enlistment as payable under the LRP and the government fails to verify that the student loan accepted...
ARMY | BCMR | CY2003 | 03096503C070212
The Board considered the following evidence: The applicant's enlistment contract, which he completed in February 2002, shows that he stated that he understood that only certain loans would be paid by the Army under the LRP. Consequently, the applicant's request for payment of all his student loans cannot be granted.
ARMY | BCMR | CY2003 | 2003085332C070212
APPLICANT STATES : That he enlisted in the Army with the understanding that his student loans would be paid under the provisions of the college loan repayment program (LRP). Item 32a, Specific Option/Program Enlisted For (Completed by Guidance Counselor, MEPS Liaison NCO, etc., as specified by sponsoring service) of the applicant's DD Form 1966/3 shows that, among other programs, he also enlisted for the Student Loan Repayment Program. DISCUSSION : Considering all the evidence,...
ARMY | BCMR | CY2009 | 20090008112
Additionally, the applicant only listed Stafford Loans on the USAREC Form 1232 during inprocessing counseling; b. based on the information provided from Xpress Loan Servicing, the Private Consolidated Loan does not qualify for repayment under the LRP. The evidence of record shows the applicant enlisted for the LRP incentive. Nevertheless, the applicant does have loans that qualify for repayment under the LRP.
ARMY | BCMR | CY2005 | 20050003931C070206
The evidence of record confirms that the applicant opted for the LRP incentive during the enlistment process. The applicant received $45,925.00 in LRP benefits, which confirms his participation in the LRP. The evidence of record also shows after acknowledging that he would not be able to enroll in the MGIB at a future date during his enlistment processing, shortly after entering active duty, he enrolled in the MGIB.
ARMY | BCMR | CY2012 | 20120006583
His records maintained in the interactive Personnel Electronic Records Management System (iPERMS) contain a DA Form 3286 (Statement for Enlistment) Annex B that shows the applicant acknowledged he was enlisting for the following program options on 20 October 2009: a. U.S. Army Station/Unit/Area/Command Enlistment Program; b. U.S. Army Incentive Enlistment Program (U.S. Army High Grad Bonus (Bachelor), U.S. Army Civilian Acquired Skills Bonus, U.S. Army College Fund ($70,956), 4 year; and c....