IN THE CASE OF:	  

		BOARD DATE:  17 July 2012

		DOCKET NUMBER:  AR20120006040 


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 cancellation of her enrollment in the Montgomery GI Bill Act of 1984 (MGIB) and enrollment in the Loan Repayment Program (hereafter referred to as the Loan Repayment Program (LRP)).

2.  She states she was improperly briefed on the MGIB which has resulted in her ineligibility for the LRP.  She contends that she was not aware that signing the MGIB addendum would cancel her entitlement to the LRP.

3.  She indicates she joined the military for several reasons, but one of the incentives was to have her student loans repaid.  She was told she qualified for the MGIB and if she wanted to pursue a second degree, she could enroll.  She signed the form believing that she still would receive payments toward her student loan debt.

4.  The applicant states she was not informed that once she enrolled in the MGIB she would be ineligible for the LRP.  She reiterates that the purpose of enlisting in the U.S. Army was first to serve her country and second to participate in the incentives of the LRP.

5.  She provides:

* DD Form 2366 (MGIB Basic Enrollment)
* DA Form 3286 (Statement for Enlistment – U.S. Army Enlistment Program – U.S. Army Delayed Enlistment/Entry Program (DEP) (Annex A))

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve (USAR) on 15 July 2010 for a period of 8 years.  Her DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) indicates she understood she was joining the DEP for the purpose of enlistment in the Regular Army on 24 November 2010.  Item 8c of this form also contains the statement, "The agreements in this section and attached annex(es) are all the promises made to me by the Government.  ANYTHING ELSE ANYONE HAS PROMISED ME IS NOT VALID AND WILL NOT BE HONORED."  She biometrically signed this section of the contract.

2.  She was discharged from the DEP on 21 November 2010 and enlisted in the Regular Army on 22 November 2010.  Item F (Discharge from/Delayed Entry/Enlistment Program) of the DD Form 4 shows that no changes had been made to her enlistment options or if changes were made, they were recorded on annex B which replaced annex A of her addenda.  She biometrically signed this section of the form.

3.  She provides a DA Form 3286 (Annex A), dated 15 July 2010.  This document shows she enlisted under the provisions of Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) for Program 9A, U.S. Army Training Enlistment Program (UNCM), Option 03.  Her incentive was attendance for training in military occupational specialty 35W (Electronic Warfare Signal Intelligence Recruit) with special qualification identifier L (Linguist).  No other programs were listed.

4.  Her record contains a second DA Form 3286 (Annex B), dated 22 November 2010.  No other incentives or programs were added to annex A, dated 15 July 2010.

5.  The DD Form 2366 the applicant provides shows, in part, she agreed to the following under Item 3 (Statement of Understanding for All Eligible Members):

	a.  "I am automatically enrolled unless I exercise the option to DISENROLL by signing Item 5 below."

	b.  "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 $1,200.00 has been deducted; this basic pay reduction CANNOT be REFUNDED, SUSPENDED, OR STOPPED.  This is an IRREVOCABLE DECISION."

6.  She signed this section of the form on 15 July 2010.

7.  Item 5 (Statement of Disenrollment) of the same DD Form 2366 does not indicate she chose disenrollment from the MGIB.

8.  Her record is void of any documentation which shows she enrolled in the LRP at any time during her enlistment process.

9.  During the processing of this case an advisory opinion was obtained from the Office of the Deputy Chief of Staff, Army G-1, dated 6 April 2012.  The Chief, Incentives and Budget Branch, Enlisted Accessions Division, wrote:

	a.  The Soldier enlisted in the Army on 15 July 2010 and went on active duty on 22 November 2010.  Her contract at enlistment contained no enlistment incentives since she had an Armed Forces Qualification Test (AFQT) score of 49 (Category I-IIIB).

	b.  All incentives for enlistment, including the LRP at the time the applicant joined the Army, were restricted to test Category I-IIIA or higher (AFQT of 50 or higher).  As a result, she would not have been offered the LRP option or any bonus options.

	c.  Recommend that relief be denied since the applicant did not qualify for the requested incentive.

10.  The applicant was provided a copy of the advisory opinion for comment or rebuttal; however, she did not reply.

11.  Army Regulation 601-210 prescribes eligibility criteria governing the enlistment of persons, with or without prior service, into the Regular Army and the USAR.  Chapter 9 (Enlistment Programs/Options) states that these programs/options are designed to merge valid Army requirements with personal desires.

12.  Army Regulation 601-210, Table 9-4, contains guidance on enlistment option program 9C (Bonus/Army College Fund/Loan Repayment Program).  Table 9-4 provides program processing procedures that require specific counseling and administrative actions in connection with processing members enlisting with the LRP incentive.  In addition, line 7 of table 9-4 requires the guidance counselor to verify that the applicant has qualifying loans if enlisting for the LRP, to advise the applicant if any loan is not eligible, and to have the applicant acknowledge same in the remarks section of the DD Form 1966 (Record of Military Processing – Armed Forces of the United States) series.

13.  The LRP is a Department of the Army enlistment option authorized by Public Law 99-145.  This option is designed to increase Test Score Category I-IIIA accessions.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to allow her to disenroll from the MGIB for the purpose of enrolling in the LRP was carefully considered.  She contends she was not properly informed that her enrollment in the MGIB would cancel her entitlement to receive the LRP.

2.  The available evidence shows she signed a DD Form 2366 in which she enrolled in the MGIB Program.  She has not provided sufficient evidence and her record is void of any evidence that shows she enrolled in the LRP or that she was not properly counseled regarding her LRP options at the time of her enlistment.

3.  Public Law 99-145 designed the LRP as an incentive to increase the number of Category I-IIIA applicants.  An advisory option from the Army G-1 Enlisted Accessions Division Incentives and Budget Branch shows she did not qualify for the LRP at the time of her enlistment.

4.  By law, the required test score must have been 50 or higher on the AFQT in order to be considered a Category I-IIIA applicant.  She scored 49 on the AFQT which placed her in Category I-IIIB, thus making her ineligible to receive any incentives, specifically the LRP.

5.  In view of the foregoing, there is no error or injustice as it pertains to the applicant's enlistment contract.  Therefore, she is not entitled to the requested relief.

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)                                         AR20120006040



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ABCMR Record of Proceedings (cont)                                         AR20120006040



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