BOARD DATE:	  24 February 2011

		DOCKET NUMBER:  AR20100018755 


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests reinstatement into the Army's Student Loan Repayment Program (SLRP) and disenrollment from the Montgomery GI Bill program (MGIB).

2.  The applicant states, in effect:

* He was not provided the required information by his recruiter in order to ensure enrollment into the SLRP
* His recruiter told him the only documents he needed were the account numbers and balance information
* He learned about a required form from a loan company on 19 April 2010
* The loan companies did not have ample time to fill out the required forms
* He faxed available loan documents to the Military Entrance Processing Station on 20 April 2010 for review prior to appointment on 21 April 2010
* He was told the Defense Finance and Accounting Service (DFAS) would make an exception
* When his paperwork was resubmitted to DFAS on 21 April 2010, was told it was not acceptable
* He was told he could return home to secure the proper paperwork but he declined and elected to enlist for his officer candidate slot
* He also elected to enroll in the MGIB program
* He requests to reenroll in the SLRP

3.  In support of his request, the applicant submitted:

* a self-authored statement
* a DA Form 3286 (Statement for Enlistment, U.S. Army Enlistment Program, U.S. Army Delayed Entry/Enlistment Program), dated 12 November 2009
* a DA Form 2366 (MGIB Act of 1984 - Basic Enrollment), dated 12 November 2009
* 
a DA Form 3286, dated 21 April 2010
* a DA Form 2366, dated 21 April 2010

CONSIDERATION OF EVIDENCE:

1.  The applicant’s records show on 12 November 2009, he enlisted in the U.S. Army Reserve (USAR), Delayed Entry Program (DEP), for 8 years.

2.  His record contains a DD Form 1966 series (Record of Military Processing - Armed Forces of the United States), dated on 12 November 2009, which shows in:

	a.  item 30 (Data Verification by Recruiter (Enter description of the actual documents used to verify the following items)), e (Education) an "x" in (2) Other, the entry "Degree Credential";

	b.  item 32 (Specific Option/Program Enlisted for, Military Skill, or Assignment to a Geographical Area Guarantee), a. (Specific Option/Program Enlisted For) the entry "IAW [in accordance with] Army Regulation 601-210 [Active and Reserve Components Enlistment Program], chapter 9, table 9-1, Program 9D - U.S. Army Officer/Warrant Officer Enlistment Program, Option 11, and Program 9C - U.S. Army Incentive Enlistment Program, Option 27, in military occupational specialty (MOS) 09S for 3 years"; and

	c.  item 34 (Recertification by Applicant and Correction of Data at the Time of Entry to Active Duty) no changes required.

3.  His DD Form 1966/4 (Remarks) is silent regarding any information pertinent to the SLRP and any review of promissory notes and determination as to the qualification of the loans for repayment under the SLRP, and any counseling that may have been given to the applicant pertinent to the SLRP.

4.  The applicant submitted a DD Form 3286, dated 12 November 2009 that shows upon enlistment he will be enlisted for programs 9D and 9C.  The applicant acknowledged that his enlistment date in the Regular Army was scheduled for 21 April 2010.

5.  The DA Form 3286, dated 21 April 2010, shows he only enlisted for Program 9D and that his enlistment assures him that, provided he meets the required prerequisites, he will receive training in MOS 09S (Commissioned Officer Candidate).

6.  He submitted the following memoranda, dated 20 April 2010, regarding his student loans: 

   a.  EdFinancial Services, Knoxville, TN, that states that the current principal balance on his account is $17,400.57; and 

   b.  Educational Loan Center, Sioux Falls, SD, that states the current principal balance on his student loan is $13, 601.07.

7.  On 21 April 2010, the applicant enlisted in the Regular Army for 3 years for the U.S. Army Officer/Warrant Officer Enlistment Program, in military occupation specialty 09S.  He is currently serving on active duty in the rank/grade of 2nd Lieutenant (2LT)/O-1.  

8.  On 21 April 2010, he also signed a DD Form 2366 in conjunction with his enlistment.  He acknowledged that he is automatically enrolled in the MGIB unless he exercises the option to disenroll by signing item 5 of the form.  Item 5 of this form is blank.

9.  Army Regulation 601-210, chapter 6 (Military Entrance Station (MEPS) Processing Phase), provides policy and guidance for those functions that are administered at the MEPS by MEPCOM (Military Entrance Processing Command) for personnel and guidance counselors to confirm that they accomplish all procedures in the enlistment process by making the appropriate entries in the
DD Form 1966 series and DA Form 3286-66.  Paragraph 6-5g states that the guidance counselor "counsels applicants who failed to meet specific qualifications for options for which they applied; advises them of other available options."  This includes a statement regarding the applicant’s eligibility for the SLRP, which is to include any factors that may disqualify them from receiving SLRP benefits, and ensuring that the applicant’s acknowledgement of this fact is also recorded in the remarks section of the appropriate form of the DD Form 1966 series.

10.  U.S. Army Recruiting Command (USAREC) Regulation 621-1(Education - Montgomery GI Bill, Army College Fund, and Loan Repayment Program), which supplements Army Regulation 601-210 states in paragraph 4-4j, applicants enlisting for MOS 09S and 09W (Warrant Officer Candidate) are not eligible for the SLRP.  They are enlisted only while undergoing training and enlisted into the Army with a commission as an end goal.  Although, these candidates carry an MOS code of 09S or 09W, these are reporting codes and have not been awarded as primary MOS codes.

DISCUSSION AND CONCLUSIONS:

1.  The applicant request to be reenrolled in the SLRP program was carefully considered and found to be without merit.

2.  Evidence of record shows the applicant enlisted in the Regular Army on
21 April 2010 for the Army Officer/Warrant Officer Enlistment Program, MOS 09S, which was not a HQDA approved MOS for this incentive at the time he enlisted in the Army.

3.  As evidenced by the self-authored statement, he elected to enlist for the MGIB and receive some type of student aid rather than risk losing his Commissioned Officer Candidate slot.

4.  USAREC Regulation 621-1 clearly states applicants enlisting for MOS 09S are not eligible for the SLRP because they are enlisted only while undergoing training with a commission as an end goal.

5.  To grant his request would be giving him a benefit not provided to other Soldiers who enlisted at the time in MOS 09S.  As such, there is insufficient basis for granting his request.

6.  The Comptroller General of the United States has ruled in similar cases that although a service member may have been misinformed about his or her entitlements, the Government is not liable for erroneous actions of its officers, agents, or employees in the performance of their official duties.

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)                                         AR20100018755



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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