BOARD DATE:	  23 January 2014

		DOCKET NUMBER:  AR20130007087 


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 her records to show she elected to participate in the Loan Repayment Program (LRP) instead of the Montgomery GI Bill (MGIB).

2.  She states she was given the impression that a U.S. Army Recruiting Command (USAREC) Form 1232 (Loan Repayment Program Inprocessing Counseling) was all that was required to receive the LRP.  The counselor stated she had to enroll in the MGIB and would be contacted later to disenroll to be eligible for the LRP.  She stated she had over $44,000.00 in student loan debt and did not wish to have the MGIB.  Upon completion of advanced individual training, she contacted the education center at her duty station and was told that because she had paid for the MGIB, she would not be able to disenroll to receive the LRP.  During this time the loans have gone into default, which makes them ineligible for the LRP.  Her noncommissioned officer contacted the Team Chief, Finance and Incentives Branch, U.S. Army Human Resources Command (HRC), who encouraged her to submit this application.

3.  She provides:

* DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States)
* DA Form 3286 (Statement for Enlistment – U.S. Army Enlistment Program – U.S. Army Delayed Enlistment Program (DEP))
* USAREC Form 1232
* DD Form 1966 (Record of Military Processing – Armed Forces of the United States)
* list of her student loans
* Information Paper, dated 19 March 2010, subject:  LRP

CONSIDERATION OF EVIDENCE:

1.  On 16 August 2011, the applicant enlisted in the U.S. Army Reserve DEP in the rank/pay grade of specialist (SPC)/E-4 with an obligation to enlist in the Regular Army by 21 November 2011.  Her records show she was authorized pay grade E-4 based on completion of a 4-year college program.

2.  The DD Form 1966 and DA Form 3286 completed when she enlisted in the DEP show she acknowledged she was enlisting for program 9A (U.S. Army Training Enlistment Program), option 3, for training in military occupational specialty (MOS) 68W (Health Care Specialist).  Neither form references the LRP.  By signing the DA Form 3286, she adopted the language in paragraph 17 as her own statement.  By doing so, she stated that she had not been promised anything other than what was written on the form and waived any claim based upon any promise not annexed to her contract.  

3.  On 21 November 2011, she enlisted in the Regular Army for a period of 4 years.  At that time, she signed a second DA Form 3286 verifying the information she agreed to on 16 August 2011.  The form makes no reference to the LRP.  By signing this form, she adopted the language in paragraph 16 as her own statement, thereby stating again that she had not been promised anything other than what was written on the form and waiving any claim based upon any promise not annexed to her contract.

4.  She is currently serving in the Regular Army in the rank/pay grade of SPC/E-4 in MOS 68W.

5.  She provided the following documentation in support of her application:

	a.  a USAREC Form 1232 signed by her and a guidance counselor on 16 August 2011 which shows she indicated she understood, in part:

* she must disenroll from the MGIB to participate in the LRP
* only certain loans qualified for the LRP
* loans must not be in default and must remain in good standing while she is serving on active duty
* she had to bring copies of her student loan promissory notes when she reported to the Military Entrance Processing Station (MEPS) for her active duty shipping date
* she was required to provide additional information to the Education Incentives and Counseling Branch (EICB) in order for the LRP payment cycle to begin
* if EICB had not contacted her prior to completion of her 10th month of active duty service, it was her responsibility to contact them

	b.  a list of her student loans, dated 19 August 2011; and

	c. an Information Paper from the Team Chief, Finance and Incentives Branch, HRC, dated 19 March 2010, subject:  LRP.  This document states its purpose is to provide information to individuals entering active duty as a member in an officer candidate program or military specialty specified by the Secretary of the Army with the LRP as part of their contracts.  It describes the various requirements of the LRP, including the requirement that individuals must contract for the LRP upon entry on active duty.

6.  On 29 May 2013 during the processing of this case, the Team Chief, Finance and Incentives Branch, HRC, provided an advisory opinion recommending approval of the applicant's request to add the LRP to her enlistment contract and disenroll her from the MGIB.

	a.  The advisory official states that individuals contracting for the LRP had to meet certain eligibility criteria at the time the applicant entered active duty, one of which was disenrollment from the MGIB.  Title 38, U.S. Code, section 3033b, precludes anyone from earning benefits under the LRP and MGIB for the same period of service.  Army regulations also stipulate that individuals enlisting for the LRP must decline enrollment in the MGIB.  This election is, by law, irrevocable; however, an administrative error may be declared if evidence shows an error or injustice has occurred.  The applicant provided a USAREC Form 1232 indicating the amount of her student loan debt and that she intended to contract for the LRP.

	b.  The applicant has stated her loan is in default.  USAREC Regulation 621-1 (MGIB, Army College Fund, and LRP) and Army Regulation 621-202 (Army Educational Incentives and Entitlements) preclude authorization of payments toward loans in default.  The advisory official states that if the applicant is granted relief by correcting her records to show she is eligible for the LRP, she will be granted an exception to policy allowing payment toward the total remaining unpaid principal on all of her qualifying loans.

	c.  The advisory official asks that the decision be provided to her office so the necessary administrative actions may be initiated if the Board decides to grant a records correction.

	d.  The advisory official did not address whether the MOS the applicant enlisted for qualified her for the LRP.

7.  The applicant was provided a copy of the advisory opinion for comment and/or rebuttal.  She did not respond in the time allotted.

8.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) governs eligibility criteria, policies, and procedures for enlistment and processing of persons into the Regular Army, U.S. Army Reserve, and Army National Guard.  Chapter 9 (Enlistment Programs/Options) lists the various enlistment options available to recruits and the eligibility criteria for those options.  It states a recruit may enlist for more than one enlistment program.

	a.  Paragraph 9-7 provides the criteria for Enlistment Program 9A.  This program is available to certain applicants enlisting for an authorized minimum term of enlistment.  It states that under this program the enlistee is guaranteed a specific MOS or career management field and may enlist under an option for his or her U.S. Army training of choice.

	b.  Paragraph 9-9 provides the criteria for Enlistment Program 9C which includes the LRP.  It states incentives may be offered when authorized by a Headquarters, Department of the Army (HQDA), Enlistment Incentives Message.  This paragraph lists the following rules and criteria pertaining to LRP eligibility:

* Soldier must disenroll from the MGIB
* the government will repay a designated portion of any loan incurred that was made, insured, or guaranteed under part B of the Higher Education Act of 1965 or any loan under part E of such act before enlistment
* provided the applicant meets and maintains the prescribed prerequisites and has qualifying loans in good standing, enlistment for the LRP ensures that the portion or amount of loan that may be repaid is $1,500.00 or one-third of the amount of the qualifying loans, whichever is greater for every year of service 
* repayment is made only after each successful year of active duty performed commencing on the date of Regular Army enlistment
* Soldier must be advised that repayment amounts paid by the government are subject to Federal and State income taxes as taxable income each year that payment is made.
* Soldiers must remain qualified and in the incentive MOS for the duration of the initial enlistment unless otherwise directed by HQDA

9.  All Army Activities Message 248/2011, dated 29 June 2011, subject:  Enlistment Incentive Program Change Effective 1 July 2011, announced the enlistment incentives available at the time of the applicant's enlistment.  It lists the MOS's eligible for the LRP.  MOS 68W is not listed among those MOS's.

DISCUSSION AND CONCLUSIONS:

1.  To participate in the LRP, a Soldier must enlist for the program.  In the applicant's case, this means she would have had to enlist for Enlistment Program 9C in addition to Enlistment Program 9A.  Her enlistment records make no reference to Enlistment Program 9C.  By signing two DA Forms 3286, she stated she had not been promised anything other than what was written on those forms and waived any claim based upon any promise not annexed to her contract.  

2.  She provides a USAREC Form 1232 signed by her and a guidance counselor on the date she enlisted in the DEP.  Signing this document may have led her to believe she was eligible for the LRP; however, the document is not a contract.  It is a counseling form, and by completing it, she merely acknowledged she understood the LRP.

3.  At the time of her enlistment, the LRP was not authorized for MOS 68W.  It appears that this is why Enlistment Program 9C is not shown in her enlistment records.  The advisory official recommended granting relief in this case; however, the advisory opinion fails to address the fact that the LRP was not authorized for the applicant's MOS.

4.  Notwithstanding the advisory official's recommendation to grant relief, there is no evidence of error or inequity in this case that would warrant granting 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)                                         AR20130007087



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ABCMR Record of Proceedings (cont)                                         AR20130007087



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