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ARMY | BCMR | CY2013 | 20130021437
Original file (20130021437.txt) Auto-classification: Approved

		IN THE CASE OF

		BOARD DATE:	   17 July 2014

		DOCKET NUMBER:  AR20130021437 


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 enlistment contract to show he enlisted in the Army under the Post-9/11 GI Bill incentive option instead of the Student Loan Repayment Program (SLRP) incentive option.

2.  The applicant states he elected to participate in the SLRP, but he has never received any payments and the Post-9/11 GI Bill benefits are more beneficial to the pursuit of his undergraduate degree now that he is a civilian.

3.  The applicant provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  On 16 March 2011, the applicant enlisted in the Regular Army for a period of 3 years and 18 weeks.

2.  His DA Form 3286 (Statement for Enlistment – U.S. Army Enlistment Program) shows he was enlisting for military occupational specialty 19D (Cavalry Scout) and the U.S. Army Incentive Enlistment Program (U.S. Army Loan Repayment Program).

3.  He was honorably discharged on 28 March 2013 due to disability with severance pay.

4.  During the processing of this case an advisory opinion was obtained from the Department of the Army Office of the Deputy Chief of Staff, G-1, recommending approval of the applicant's request to have his SLRP option removed from his enlistment contract.  The advisory opinion states that because the applicant has not received any benefit under the SLRP and is now separated, he will be eligible for Post-9/11 GI Bill benefits upon correction of his contract to remove the SLRP election.

5.  The applicant was provided a copy of the advisory opinion for his information and/or possible rebuttal.  He concurred on 3 March 2014.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions have been noted.

2.  The evidence of record shows that at the time of his enlistment in the Regular Army, the applicant elected to participate in the SLRP.

3.  He was medically discharged on 28 March 2013 without ever receiving any benefit from the program.  There is no harm to the Army if his enlistment contract is corrected to show he did not enlist for the SLRP, which then automatically makes him eligible for the Post-9/11 GI Bill.

4.  It would be in the interest of justice to correct his enlistment contract to show he enlisted in the Regular Army with the standard Post-9/11 GI Bill incentive option.

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:

	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.  providing the U.S. Army Human Resources Command Finance and Incentives Branch, Fort Knox, KY, with a copy of this decision.



      ____________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)                                         AR20130021437



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ABCMR Record of Proceedings (cont)                                         AR20130021437



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