IN THE CASE OF:
BOARD DATE: 18 September 2012
DOCKET NUMBER: AR20120005142
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 amendment of his 13 July 2006 enlistment contract to remove the Student Loan Repayment Program (SLRP) incentive option so he can qualify for the Post-9/11 GI Bill.
2. The applicant states he was discharged before using the SLRP benefit and the Department of Veterans Affairs (VA) has advised him that it needs to be removed from his service records before he can utilize the Post-9/11 GI Bill.
3. The applicant provides no 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 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 Regular Army on 13 July 2006 for a period of 5 years under the Special Forces Training option, a $14,000.00 cash enlistment bonus, and the SLRP. He was transferred to Fort Benning, Georgia, to undergo his training.
3. He failed to complete his special forces training and was transferred to Fort Meade, Maryland, to undergo training as a journalist.
4. On 29 June 2007 he was honorably discharged at Fort Meade due to a disability that existed prior to service. He completed 1 year and 3 days of active service.
5. In the processing of this case a staff advisory opinion was obtained from the Office of the Deputy Chief of Staff, G-1, which recommends that the applicant's request be approved as a matter of equity. The G-1 opined that the applicant's bonuses and the SLRP became void when he failed to complete special forces training and the Post-9/11 GI Bill is retroactive to his period of service. Accordingly, as a matter of equity his request should be granted. The advisory opinion was provided to the applicant for comment and to date the Board has not received a response.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that the SLRP incentive should be removed from his records has been noted and appears to have merit.
2. The applicant's SLRP incentive became void when he failed to complete the training for which he contracted and it serves no useful purpose for it to remain in his records when the removal would serve to make the applicant eligible for an alternative benefit.
3. Therefore, since he was not eligible to use the SLRP benefit and he may be eligible to use Post-9/11 GI Bill benefits, his enlistment contract should be amended to delete the SLRP incentive from his enlistment contract as a matter of equity.
BOARD VOTE:
____x___ ____x___ ____x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his enlistment contract by deleting the SLRP incentive.
____________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) AR20120005142
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ABCMR Record of Proceedings (cont) AR20120005142
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