IN THE CASE OF:	  

		BOARD DATE:	  22 March 2012

		DOCKET NUMBER:  AR20110023515 


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 correction of his November 2008 enlistment contract to show he enlisted for the Student Loan Repayment Program (SLRP) incentive.

2.  The applicant states, in effect:

* when he enlisted, he opted out of the Montgomery GI Bill (MGIB) and the form specifically stated that if he opted out of the MGIB he was doing so in order to be eligible for the SLRP
* he thought signing this form would authorize him this incentive; however, he later found out that he is ineligible for both programs
* he has been shuffled back and forth between his unit S-1, the finance office, and the retention office

3.  The applicant provides:

* DA Form 3286 (Statement for Enlistment – U.S. Army Enlistment Program)
* DD Form 3266 (Montgomery GI Bill Act of 1984 (MGIB))

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 applicant's 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 applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the U.S. Army Reserve (USAR) under the Delayed Entry Program (DEP) on 29 October 2008.  Item 32a (Specific Option/Program Enlisted For) of his DD Form 1966/3 Record of Military Processing – Armed Forces of the United States) shows he enlisted for the:

* Program 9A, U.S. Army Training Enlistment Program
* Program 9C, U.S. Army Incentive Enlistment Program

3.  Section VI (Remarks) of his DD Form 1966/4 states "Cash bonus of $14,000, authorized per Headquarters, Department of the Army Message, 09-004, dated 14 October 2008" and the entry "I understand that under the Army's SLRP, the Army will not repay student loans in excess of $65,000 regardless of the amount of my student loans.  I further understand that I am required to make the interest payments of my student loans during my first year of enlistment.  In addition, I understand that I must bring copies of all my student loan promissory notes when I report to the Military Entrance Processing Station (MEPS) for my active duty ship date."

4.  On 31 October 2008, he also authenticated a DA Form 3286 wherein he acknowledged that upon enlistment in the Regular Army, he was enlisting for the U.S. Army Training option and the U.S. Army Incentive Enlistment Program (High Graduate Bonus (Bachelor) and U.S. Army Cash Bonus).  The cash bonus is listed as $10,000 for his military occupational specialty (MOS). 

5.  He was discharged from the DEP on 20 November 2008 and enlisted in the Regular Army for 3 years and 26 weeks on 21 November 2008.  He completed a DA Form 3286, wherein he acknowledged that he enlisted for the U.S. Army Training Enlistment Program and the U.S. Army Incentive Enlistment Program (High Graduate Bonus (Bachelor) and U.S. Army Cash Bonus).

6.  On 25 November 2008, he completed a DD Form 3266 (MGIB) wherein he acknowledged that he understood he was enlisting for the LRP; therefore, he was disenrolling from the MGIB.


7.  An advisory opinion was obtained from the Office of the Deputy Chief of Staff, G-1, dated 18 January 2012, which recommended that the applicant be granted relief by awarding him the LRP incentive and allowing him to retain the $14,000 bonus listed on his original contract due to guidance counselor error.  The official stated:

	a.  On 31 October 2008, the applicant enlisted in the Army and entered an active duty status on 21 November 2008.  His contract contains a High Grad bonus for having a bachelor's degree and an MOS bonus for a 3-year contract in MOS 74D (Chemical Operations Specialist) – a combined bonus of $14,000.  The incentive message in effect at the time authorized a high grad bonus of $8,000 and a 3-year 74D bonus of $2,000, for a total of $10,000.  The bonus listed on his contract is incorrect.  Had the applicant's contract listed the SLRP incentive, he would not have been authorized the $2,000 MOS bonus.   

	b.  Based on the fact that he signed the DD Form 3266 disenrolling from the MGIB and given the language in the form that clearly states the Soldier was enlisting for the loan repayment plan, his contract should have contained the SLRP incentive and retained only the high grad bonus of $8,000.

8.  He was provided with a copy of the advisory opinion but he did not respond. 

9.  The LRP is authorized by Public Law 99-145, section 671a.  An individual must contract for the LRP as a non-prior service accession for a 3 or more year term of service into the active force.  The member must disenroll from the MGIB and must enlist for a selected MOS.  Loans that qualify are:

* Any loan made, insured, or guaranteed under Part B of Title IV of the Higher Education Act of 1965
* Any loan made under Part D of such title (William D. Ford Federal Direct Loan Program)
* Any loan made under part E of such title (Title 20, U.S. Code, section 1087)
* Any loan incurred for educational purposes made by a lender that is an agency or instrumentality of a State, a financial or credit institution, or a pension fund or non-profit private entity

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant enlisted in the Regular Army for 3 years and 26 weeks for two incentives:  a training incentive (MOS 74D) and a high grad bonus incentive.  Nowhere does it show on his enlistment contract that he enlisted in the LRP.  (The SLRP is the Reserve Component equivalent of the LRP.)  However, he also signed a DD Form 3266 electing to disenroll from the MGIB.  The language in this form clearly states that he disenrolled for the purpose of enlisting in the LRP.

2.  It appears the guidance counselor who prepared his contract failed to properly process his contract.  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.   

3.  But regardless of the errors listed on his contract none of these errors were his fault.  He should not be penalized for the mistakes made by his career counselor.  Therefore, he is entitled to correction of his contract to show he is authorized the LRP incentive.  He should also retain the total bonus listed on his contract due to guidance counselor's error.  

BOARD VOTE:

___X____  ___X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that the Department of the Army records of the individual concerned be corrected by amending his DD Form 4, dated 29 October 2008, to show – in addition to the existing incentives – he enlisted for the Loan Repayment Program option. 



      _______ _ 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)                                         AR20110023515



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ABCMR Record of Proceedings (cont)                                         AR20110023515



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