BOARD DATE: 12 January 2012
DOCKET NUMBER: AR20110019553
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, in effect, an exception to policy to disenroll from the Montgomery GI Bill for the purpose of immediate enrollment in the Loan Repayment Program (LRP). He further requests that the LRP target his private student loans of record.
2. The applicant states:
* currently, his Federal student loans (Stafford Loans) have been consolidated under the William Ford Program (Direct Loans)
* it is clear from the evidence on public web sites that specifically address the LRP, that private student loans (which make up the majority of his student loan debt) are not eligible for repayment under the LRP
* given his belief that private student loans could not be repaid under the LRP, he opted for enrollment in the Montgomery GI Bill (and the Post-9/11 GI Bill) instead of the LRP doing so has created a tremendous financial burden for him to bear
* incorrect or misleading information from official Army sources caused him to erroneously enroll in the Montgomery GI Bill instead of the LRP
* upon review of his enlistment documents, there is no evidence that he was ever offered the LRP
* had he known the LRP was a viable option for him at the time of his enlistment, he would have pursued it more aggressively
* the LRP was never mentioned to him during his enlistment process the exclusion of LRP counseling at the time of his enlistment was in error
3. The applicant provides the following:
* DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States)
* DD Form 2366 (Montgomery GI Bill Act of 1984 Basic Enrollment)
* email, dated 6 September 2011
* memorandum for record, dated 12 September 2011
* Internet printout from U.S. Army Human Resources Command (HRC), entitled "Loan Repayment Program"
* Internet printout from My Army Benefits, entitled "College Loan Repayment Program"
* Internet printout from Sallie Mae, entitled "Loan and Billing Information"
* Defense Finance and Accounting Service (DFAS) Form 702 (DFAS Military Leave and Earnings Statement) for the month of September 2011
CONSIDERATION OF EVIDENCE:
1. The applicant currently serves as a specialist/E-4 in the Regular Army.
2. On 13 July 2009, he enlisted in the Delayed Entry Program of the U.S. Army Reserve (USAR). He was discharged for the purpose of enlisting in the Regular Army. On 20 October 2009, he enlisted in the Regular Army. Upon completion of basic combat training, and as a result of his civilian acquired skills, he was awarded military occupational specialty 42R (Bandperson (Tuba)).
3. On 13 July 2009 and 20 October 2009, he signed two DD Forms 2366 which specifically state, "I understand that UNLESS I DISENROLL from the MGIB, my basic pay will be reduced $100.00 per month, or the current monthly rate until $1200.00 has been deducted; this basic pay reduction CANNOT BE REFUNDED, SUSPENDED, OR STOPPED, THIS IS AN IRREVOCABLE DECISION." He acknowledged and affirmed his understanding of these policies by affixing his signature to both forms.
4. His available record does not contain any documentation that shows he enlisted for the LRP.
5. He provides:
* self-authored memorandum for record, dated 12 September 2011, which states an official from the U.S. Army Reserve Command (USARC) notified him that he was not offered the LRP during his initial enlistment
* email from an official at HRC, dated 6 September 2011, which directs the applicant to this Board for an exception to policy
* Internet printout from HRC, entitled "Loan Repayment Program," which identifies private loans as ineligible for repayment under the LRP
* Internet printout from My Army Benefits, entitled "College Loan Repayment Program," which identifies private loans as ineligible for repayment under the LRP
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his records should be corrected to allow him an exception to policy to disenroll from the Montgomery GI Bill for the purpose of immediate enrollment in the LRP.
2. The evidence of record shows he twice signed a DD Form 2366 in which he enrolled in the Montgomery GI Bill Program and acknowledged the program's guidelines by affixing his signature.
3. His record is void of sufficient evidence that shows he was not properly counseled regarding his LRP options at the time of his enlistment. He submitted a memorandum for record of a telephone conversation with an official from USARC in which he states he was not offered the LRP at the time of his enlistment; however, the USARC official's relationship is unclear and his testimony does not equate to the absence of an offer or insufficient counseling at the time of the applicant's enlistment.
4. Non-prior service enlistees can enroll for the Montgomery GI Bill or the LRP, not both. The applicant enlisted for the Montgomery GI Bill and his decision to do so is irrevocable. In view of the foregoing, there is an insufficient basis to grant relief in this case.
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) AR20100011333
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ABCMR Record of Proceedings (cont) AR20110019553
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