IN THE CASE OF:
BOARD DATE: 4 May 2011
DOCKET NUMBER: AR20100024292
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 his records be corrected to show he disenrolled from the Montgomery G.I. Bill (MGIB) and is entitled to the Loan Repayment Program (LRP).
2. The applicant states when he renegotiated his enlistment options for another military occupational specialty (MOS), he was told the new MOS had the same enlistment options. However, while he was disenrolled from the MGIB and given the LRP on his first contract, he was not for the second contract.
3. The applicant does not provide any additional evidence.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's military records show that he completed an MGIB Act of 1984 Basic Enrollment form, dated 15 February 2007, when he enlisted in the U.S. Army Reserve Delayed Entry Program in which he indicated he was enrolling in the MGIB. His enrollment in the MGIB is further indicated by the applicant's DD Form 1966 (Record of Military Processing Armed Forces of the United States) which has the entry "CACTB" in Section II, block k (Program Enlisted For), which stands for MGIB, skill bonus, Regular Army non-prior service 4-year enlistment, Regular Army Training Enlistment Program, and Army Civilian Acquired Skills Program No. However, the DA Form 3286 (Statement for Enlistment U.S. Army Enlistment Program U.S. Army Delayed Enlistment Program), dated 15 February 2007, he completed shows he would receive the LRP, amongst other incentives.
3. The applicant failed the security interview portion of his enlistment processing and his enlistment contract was renegotiated for another MOS. In the applicant's DA Form 3286, dated 7 March 2007, the LRP was not listed as an enlistment option.
4. In the processing of this case an advisory opinion was obtained from the Headquarters, Department of the Army, Deputy Chief of Staff, G-1. The G-1 stated the applicant's initial contract listed the LRP on his contract annex, but he also signed an MGIB addendum enrolling in that program. The MGIB is not available to Soldiers who enlist for the LRP. When the applicant renegotiated his enlistment contract, the LRP was not listed. The G-1 recommends the applicant's request be denied. The applicant was provided a copy of this advisory opinion and opted not to respond.
5. The MGIB, as outlined in Title 38, U.S. Code, chapter 30, section 3011, provides for Soldiers who entered the service after 30 June 1985 to be automatically enrolled in the MGIB and to contribute $1,200.00 during their first 12 months of service, which normally is not refundable. After completion of their service obligation, Soldiers are entitled to receive monthly educational benefits for 36 months. The program is administered by the Department of Veterans Affairs.
6. 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.
DISCUSSION AND CONCLUSIONS:
1. Contrary to the applicant's contention, he did not disenroll from the MGIB. He signed the document indicating he was electing the MGIB. His DD Form 1966 is also coded to show the applicant elected the MGIB.
2. Since the applicant elected the MGIB, he could not receive the LRP.
3. Therefore, it would appear the entry on the applicant's DA Form 3286 showing he would receive the LRP was an erroneous entry.
4. In view of the foregoing, it would appear the applicant was properly enlisted for the MGIB and not the LRP.
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 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) AR20100024292
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ABCMR Record of Proceedings (cont) AR20100024292
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