BOARD DATE: 4 February 2014
DOCKET NUMBER: AR20130020428
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 he elected to participate in the Post 9-11 GI Bill instead of the Student Loan Repayment Program (SLRP).
2. The applicant states:
* he has not activated his SLRP benefit and will be attending college after his discharge and he desires to utilize his Post 9-11 GI Bill benefits
* he is currently deployed to Afghanistan and has a 28 March 2014 separation date
* his enlistment contract included the SLRP benefit; however, he never initiated the SLRP
* officials at the Fort Benning, GA, education office advised him he could switch his untapped SLRP for the Post 9-11 GI Bill
3. The applicant provides a copy of his DA Form 3286 (Statement of Understanding, U.S. Army Incentive Enlistment Program) (Annex B).
CONSIDERATION OF EVIDENCE:
1. He enlisted in the U.S. Army Reserve Delayed Entry Program on 10 June 2010. In connection with his enlistment, he completed a DA Form 3286, Annex B. This document shows:
a. he enlisted for the following options:
* 9A U.S. Army Training Enlistment Program
* 9C U.S. Army Incentive Enlistment Program (U.S. Army High Grad Bonus (Bachelor)), U.S. Army Loan Repayment Program, U.S. Army Partnership for Youth Success (PAYS) Program
b. he acknowledged he agreed to the following:
* serve 3 years and 21 weeks
* training in military occupational specialty (MOS) 11X (Infantryman)
* a combined $2,000 bonus and SLRP entitlement
c. Item 3a (Associated Options), the entry: "I understand that I must disenroll from the GI Bill in order to qualify for this program. Disenrollment must be accomplished at the time I enter on active duty. If I fail to complete the disenrollment portion of the DD Form 2366 (MGIB Act of 1984), I will not be eligible for the LRP and will become automatically enrolled in the GI Bill." He disenrolled on 10 June 2010.
d. The applicant enlisted in the Regular Army on 2 November 2010 for 3 years and 21 weeks.
2. On 9 December 2013, an advisory opinion was obtained from the Chief, Incentives and Budget Branch, Enlisted Accessions Division, Office of the Deputy Chief of Staff, G-1. This official recommended the applicant be granted full administrative relief and that the SLRP incentive be removed from his contract. He further stated the Defense Management Data Center would be notified once this action was completed so that all records could be updated.
3. On 24 September 2013, a copy of the advisory opinion was provided to the applicant for information and to allow him the opportunity to submit comments or a rebuttal. The applicant did not respond within the allotted timeframe.
4. The SLRP is authorized by Public Law 99-145, section 671a. An individual must contract for the SLRP as a non-prior service accession for a 3 or more-year term of service into the active force. The member must disenroll from the Montgomery GI Bill and must enlist for a selected MOS. Several types of loans qualify under this program.
5. Enrollment in the Montgomery GI Bill is automatic unless Soldiers exercise the option to disenroll. Unless disenrolled, basic pay is reduced $100 per month or the current monthly rate until $1,200 has been deducted. This pay reduction cannot be refunded, suspended or stopped.
6. The Post 9/11 Veterans Educational Assistance Act of 2008 is described under Title V of the Supplemental Appropriations Act of 2008, Public Law
110-252, House of Representatives 2642. In July of 2008, Congress passed a law for the Post 9/11 GI Bill that went into effect on 1 August 2009. The
Post-9/11 GI Bill provides up to 36 months of education benefits, generally payable for 15 years following release from active duty. Some service members may also transfer unused GI benefits to their dependents.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant enlisted in the Regular Army for 3 years and 21 weeks for two incentives a training incentive (MOS 11X) and an enlistment incentive program that included a cash bonus, the SLRP, and PAYS program.
2. He now contends that he never used the SLRP option and the advisory official opines, in effect, since he did not use the SLRP option there is no harm if his enlistment contact is corrected to show he did not enlist for the SLRP which automatically entitles him to the GI Bill incentive.
BOARD VOTE:
__X______ ____X__ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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:
a. removing the SLRP incentive option from his enlistment contract;
b. adding the Post 9/11 GI Bill incentive option to his enlistment contract; and
c. showing he did not disenroll from the Montgomery GI Bill.
_______ _ 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) AR20130020428
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130020428
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110023515
The applicant requests correction of his November 2008 enlistment contract to show he enlisted for the Student Loan Repayment Program (SLRP) incentive. Had the applicant's contract listed the SLRP incentive, he would not have been authorized the $2,000 MOS bonus. Not only did the career counselor fail to list the LRP incentive on the enlistment contract, had the applicant's contract listed the LRP incentive, he would not have been authorized the $2,000 MOS bonus.
ARMY | BCMR | CY2006 | 20060014645
In his application to this Board, the applicant stated that he was told by his recruiter that all his student loans qualified for repayment under the Army's SLRP. Applicable regulation specifically state applicants are not authorized to ship without documents or verification of eligible loan(s) if they enlisted for repayment of their student loans under the SLRP. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....
ARMY | BCMR | CY2004 | 20040009547C070208
The HRC advisory opinion also advises the applicant has a SLFC loan in the amount of $24,605.63 that does not qualify for payment under the SLRP because the SLFC loans were not made, insured, or guaranteed under Title IV, Part B, D, or E of the High Education Act of 1965. The SLRP is a Department of the Army enlistment option authorized by Title 10 of the United States Code, section 2171 (10 USC 2171), which provides the legal authority for the education loan repayment program for enlisted...
ARMY | BCMR | CY2014 | 20140006986
The applicant requests correction of his military records to show he enlisted for the Student Loan Repayment Program (SLRP) option instead of the Montgomery GI Bill (MGIB). The applicant's enlistment contract reveals that he enlisted in the DEP on 3 May 2012 and departed for active duty on 5 November 2012. b. Based on the advisory opinion from the ODCS, G-1, the SLRP was open to any applicant enlisting in any MOS in incentive levels 1 through 5, but it only pertained to one MOS at the...
ARMY | BCMR | CY2004 | 20040002883C070208
The applicant states, in effect, that he was guaranteed by his counselor, before enlisting, that his loans qualified for and would be repaid by the LRP (Loan Repayment Program); however, his loans were not eligible for and were not paid by the LRP. Broad discretion is available to this Board under Title 10, US Code, Section 1552, which includes the authority to amend the applicant’s enlistment contract to include the sentence, “If a student loan is accepted by the officials processing you...
ARMY | BCMR | CY2006 | 20060006883C070205
In his application to this Board, the applicant states that he was told by his recruiter that all his student loans qualified for repayment under the Army's SLRP. Broad discretion is available to this Board under Title 10, US Code, Section 1552, which includes the authority to amend the applicant’s DA Form 3286-66 to include the sentence, “If a student loan is accepted by the officials processing you for enlistment as payable under the SLRP and the government fails to verify that all...
ARMY | BCMR | CY2007 | 20070001707C071029
(Specific Option/Program Enlisted For), of the DD Form 1966/3, shows the applicant enlisted for, among other options/incentives, payment of his student loans under the SLRP. AR 601-210, paragraph 6-5.v., states the guidance counselor will ensure applicant's higher educational loan(s) qualify for loan repayment if selecting the Loan Repayment Program (SLRP) option. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....
ARMY | BCMR | CY2012 | 20120005286
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. As a result, he forfeited the LRP option by failing OCS. 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...
ARMY | BCMR | CY2006 | 20060011952C070205
complete the required entries on the DD Form 1966; c.) if enlisting for the Loan Repayment Program, disenroll the applicant or Soldier from the GI Bill; and d.) verify that the applicant has qualifying loans if enlisting for the Loan Repayment Program. Broad discretion is available to this Board under Title 10, US Code, Section 1552, which includes the authority to amend the applicant’s DA Form 3286-66 to include the sentence, “If a student loan is accepted by the officials processing you...
ARMY | BCMR | CY2011 | 20120000741
The applicant requests, in effect, his enlistment contact, dated 21 April 2011, be amended to add the Student Loan Repayment Program (SLRP) incentive option. The opinion states the applicants enlistment contract contained no incentives for entering the Army due to the fact that his test scores were below the Category 1-IIIA level required to qualify for an enlistment incentive. _______ _ X _______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the...