BOARD DATE: 22 May 2012
DOCKET NUMBER: AR20120005286
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 records to remove the Loan Repayment Program (LRP) benefit from his enlistment contract and military records so he can use the Post-9/11 GI Bill benefits.
2. The applicant states he did not receive the LRP benefit because it was contingent on passing officer candidate school (OCS). Due to leadership deficiencies, he failed OCS. Therefore, although he was eligible for the Student Loan Repayment Program (SLRP) prior to beginning OCS, he became ineligible after failing OCS. Additionally, he was not able to return to active duty to complete OCS due to a disability that includes partial vision loss as a result of orbital proptosis, anxiety, depression, heart palpitations, and other symptoms associated with Graves' disease.
3. The applicant provides no additional evidence.
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:
Counsel did not make a statement or provide additional evidence.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the U.S. Army Reserve (USAR) under the Delayed Entry Program (DEP) on 8 August 2006. Item 32a (Specific Option/Program Enlisted For) of his DD Form 1966 (Record of Military Processing Armed Forces of the United States) shows he enlisted for:
* Program 9D, U.S. Army Officer/Warrant Officer Enlistment Program
* Program 9C, U.S. Army Incentive Enlistment Program
2. Section VI (Remarks) of his DD Form 1966 states, "Enlisted for option 27 (Incentive) in accordance with Headquarters, Department of the Army, Message Number 05-23-06, dated 1 June 2006"; "Enlistment grade is E-4 in accordance with Army Regulation 601-210 (Active and Reserve Components Enlistment Program), paragraph 2-18a(9)"; and "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 for my active duty ship date."
3. On 8 August 2006, he authenticated a DA Form 3286 (Statement for Enlistment U.S. Army Enlistment Program U.S. Army Delayed Enlistment Program) wherein he acknowledged that upon enlistment in the Regular Army, he was enlisting for the U.S. Army Officer/Warrant Officer Enlistment Program and the U.S. Army Incentive Enlistment Program (U.S. Army LRP).
4. On 8 August 2006, he completed a DD Form 2366 (Montgomery GI Bill (MGIB) Act of 1984) wherein he acknowledged he understood he was enlisting for the LRP; therefore, he was disenrolling from the MGIB.
5. He was discharged from the DEP and enlisted in the Regular Army for 3 years on 2 October 2006. He completed a DA Form 3286 wherein he acknowledged that he enlisted for the U.S. Army Officer/Warrant Officer Enlistment Program and the U.S. Army Incentive Enlistment Program (U.S. Army LRP). He further acknowledged and understood that if he failed to successfully complete his training, his entitlement to the LRP would be forfeited.
6. The applicant apparently failed OCS, as he continued to serve in an enlisted status.
7. He was honorably released from active duty on 1 October 2009. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he completed 3 years of net active service.
8. An advisory opinion was obtained from the Office of the Deputy Chief of Staff, G-1, dated 25 March 2012, which recommended granting the applicant relief by removing the LRP incentive option from his original enlistment contract.
a. On 8 August 2006, the applicant enlisted in the Army and entered an active duty status on 2 October 2006. His contract contained the LRP option for a 3-year contract for OCS. He eventually failed OCS and was awarded military occupational specialty 68W (Health Care Specialist). He was released from active duty after 3 years on 1 October 2009. Soldiers who fail their training generally lose any entitlement incentive awarded for OCS. As a result, he forfeited the LRP option by failing OCS.
b. Soldiers with the LRP incentive who fail training have the option to revert to the applicable GI Bill for the time when they served. Since the Post-9/11 GI Bill became effective on 1 August 2009, the applicant should be afforded the full benefit of the program as a matter of equity.
9. He was provided with a copy of the advisory opinion but he did not respond.
DISCUSSION AND CONCLUSIONS:
1. When the applicant enlisted for the U.S. Army Officer/Warrant Officer Enlistment Program, he selected the LRP option, which required declination of or disenrollment from the MGIB.
2. As stated in the advisory opinion, when he failed to successfully complete OCS he forfeited his entitlement to the LRP.
3. When a Soldier with the LRP incentive fails training he or she has the option to revert to the applicable GI Bill. Since the Post-9/11 GI Bill became effective before the applicant's release from active duty, he should be afforded the full benefit of the program 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:
* deleting the LRP benefit/option from his enlistment contract
* amending his DD Form 3266 to show he elected to participate in the MGIB
__________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) AR20120005286
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ABCMR Record of Proceedings (cont) AR20120005286
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