IN THE CASE OF:
BOARD DATE: 25 October 2011
DOCKET NUMBER: AR20110020067
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, that his enlistment contract be amended to reflect his entitlement to participate in the Loan Repayment Program (LRP).
2. The applicant states that before he entered active duty his recruiter promised him that his prior school loans would be paid off if he enlisted again; however, he forgot to put it in his contract and he (the applicant) feels that he has been lied to. He goes on to state that he tried to get the situation corrected but has been unable to do so.
3. The applicant provides no additional documents with his application.
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. After serving 3 years, 8 months, and 8 days of prior active service, the applicant enlisted in the Regular Army in Atlanta, Georgia on 22 March 2006 for a period of 3 years, training as a food service specialist, and a $19,000 enlistment bonus. At the time of enlistment he signed his contract and indicated that no promises had been made to him that were not indicated in writing on the enlistment contract.
3. He completed basic training at Fort Knox, Kentucky and advanced individual training at Fort Lee, Virginia before being transferred to Fort Stewart, Georgia for his first and only duty assignment. He was advanced to the pay grade of E-4 on 1 October 2006.
4. On 12 May 2008, the applicant was honorably retired and placed on the TDRL in the pay grade of E-4 effective 13 May 2008.
5. On 23 July 2010, he was removed from the TDRL and permanently retired in pay grade E-4 effective 24 July 2010 with a 40% disability rating.
6. A review of his official records failed to show any evidence to indicate the applicant enlisted under the LRP option or that he subsequently made any claims of a breach of contract or recruiter misconduct. There is also no evidence to show that he provided copies of his student loans for verification of eligibility prior to enlistment.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he was told his student loans would be paid in return for his enlistment has been noted and found to lack merit. The applicant has failed to show through the evidence of record and the evidence with his application that such was the case.
2. The applicant was a prior-service enlistee who had enough experience to know that if a promise was made by a recruiter that it had to be in writing in his contract and it appears that no such promise was made.
3. The applicant also acknowledged when he signed his contract that no promises were made to him that were not in writing on his contract. It is also noted that there is no evidence that the issue was raised while on active duty.
4. Therefore, in the absence of credible evidence to show otherwise, there appears to be no basis to grant his request.
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) AR20110020067
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ABCMR Record of Proceedings (cont) AR20110020067
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