IN THE CASE OF:	  

		BOARD DATE:	  8 October 2013

		DOCKET NUMBER:  AR20130010862 


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 show entitlement to the Student Loan Repayment Program (SLRP).

2.  The applicant states:

	a.  During his initial entry into the Army, he was told by his recruiter that he did not qualify for the SLRP because his loans were not high enough.  He is currently 3 years and 3 months into his first enlistment in an active duty status in military occupational specialty (MOS) 15T (UH-60 Helicopter Repairer).

	b.  He was advised by an education counselor at Fort Bragg, NC, that he does qualify for the program and the amount of the loans is not a factor for qualification.  He contacted the U.S. Army Human Resources Command (HRC) and was told that he does qualify and he needs to apply for an appeal.  He now wants to appeal his enlistment contract to add the SLRP incentive as he is entitled to the SLRP.  He scored 82 on the Armed Services Vocational Aptitude Battery.

	c.  His recruiter failed to properly advise him and provide the SLRP incentive during his initial enlistment.  His recruiter was well aware that he completed a bachelor's degree before he joined the military.  After the recruiter reviewed his college transcripts and diploma, he rejected the SLRP incentive in his enlistment contract.



3.  The applicant provides:

* DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States)
* DD Form 1966 (Record of Military Processing – Armed Forces of the United States)
* DA Form 3286 (Statement for Enlistment – U.S. Army Enlistment Program)
* DD Form 2366 (Montgomery GI Bill Act of 1984)
* Orders BG-186-0126
* North Atlantic Treaty Organization Travel Order BG-186-0126 (N)
* Orders BG-186-0126 (A2)
* information paper, dated 20 March 2012, subject:  Loan Repayment Program
* College Foundation of North Carolina My On-Line Statement (2 pages)
* Account Summary by Term (5 pages)

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) Delayed Entry Program (DEP) on 21 September 2009 in the rank/grade of specialist (SPC)/E-4.  He was discharged from the USAR DEP on 8 February 2010.

3.  He enlisted in the Regular Army (RA) on 9 February 2010 in the rank of SPC for a period of 6 years.  His DA Form 3256, dated 9 February 2012, shows he enlisted for Program 9A (U.S. Army Training Enlistment Program) for MOS 15T.



4.  His records do not contain an addendum showing he enlisted for the SLRP incentive.

5.  In the processing of this case an advisory opinion, dated 3 July 2013, was received from the Chief, Incentives and Budget Branch, Enlisted Accessions Division, Office of the Deputy Chief of Staff.  The advisory official recommended disapproval of the applicant's request for entitlement to the SLRP.  The advisory official stated the applicant alleges he was misled and misinformed on the SLRP as an enlistment option.  However, based on the Headquarters, Department of the Army incentive message that was in effect at the time the applicant enlisted in the USAR DEP, MOS 15T did not have an enlistment incentive when the applicant contracted and, as a result, he was not eligible to receive the SLRP as an enlistment option.

6.  On 23 July 2013, the applicant was provided a copy of the advisory opinion for information and to allow him the opportunity to submit comments or a rebuttal; however, he did not respond.

7.  The SLRP provides for the repayment by the U.S. Government of a designated portion of any outstanding student loan(s) secured after 1 October 1975.  To be eligible for the SLRP incentive, a person must contractually obligate himself or herself to serve satisfactorily, must serve in a Reserve unit for a full term of the contractual agreement, and must further obligate himself or herself to continue to serve in the same component and the same MOS unless excused for the convenience of the U.S. Government.  Each completed satisfactory year of service performed under this SLRP agreement establishes an anniversary date.  Any qualifying loan which is at least 1 year old may then be paid in accordance with the terms of this educational enlistment incentive.

DISCUSSION AND CONCLUSIONS:

The evidence of record shows the applicant enlisted in the USAR DEP on 21 September 2009 and subsequently enlisted in the RA on 9 February 2010 for a period of 6 years for training in MOS 15T.  His records are void of an SLRP Addendum that shows he enlisted for the SLRP incentive and the advisory official confirmed this incentive was not offered for MOS 15T at the time of the his enlistment.  There is no evidence that shows he was misled/misinformed by his recruiter as to the incentives available to him at the time of his enlistment.  Therefore, there is an insufficient evidentiary basis upon which to grant 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)                                         AR20130010862



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ABCMR Record of Proceedings (cont)                                         AR20130010862



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