IN THE CASE OF:
BOARD DATE: 29 July 2014
DOCKET NUMBER: AR20140006986
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 military records to show he enlisted for the Student Loan Repayment Program (SLRP) option instead of the Montgomery GI Bill (MGIB).
2. He states:
a. when he signed up for the military, the recruiter told him the SLRP was suspended and he could sign up for it when it was reactivated;
b. he was told that it was in his best interest to sign up for the MGIB in the meantime;
c. after talking to his chain of command and legal personnel on base, he found out the SLRP was never canceled;
d. he wants his records changed from the MGIB to SLRP because this is the main reason he joined the military aside from serving his country and financially helping his family; and
e. his record is error because he was lied to, misinformed, and that is an injustice.
3. He provides no additional documents.
CONSIDERATION OF EVIDENCE:
1. At the time the applicant submitted his application, he was serving the Regular Army (RA) in the rank of specialist (SPC)/E-4.
2. The applicant enlisted in the U.S. Army Reserve (USAR) under the Delayed Entry Program (DEP) on 3 May 2012. His enlistment contract shows he enlisted for military occupational specialty (MOS) 11X (Infantry).
3. His service personnel records contain a DD Form 2366 (MGIB Act of 1984) which shows that, on 3 May 2012, he acknowledged he understood he was automatically enrolled in the MGIB unless he exercised the option to disenroll by signing item 5 (Statement of Disenrollment). He also he understood that unless he disenrolled from the MGIB his basic pay would be reduced $100 per month or the current monthly rate for each of the first 12 full months of active duty and this basic pay reduction could not be refunded, suspended or stopped.
4. On 5 November 2012, he enlisted in the RA for a period of 3 years and 18 weeks. On 3 May 2012, the applicant signed item 3 on the DD Form 2366 for enrollment in the MGIB.
5. On 6 May 2014, an advisory opinion was obtained from the Chief, Incentives and Budget Branch, Enlisted Accessions Division, Office of the Deputy Chief of Staff (ODCS), G-1. The advisory official recommended the applicant's request be denied and he opined:
a. 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. The applicant enlisted for 3 years and 18 weeks for MOS 11X. Based on a Headquarters, Department of the Army (HQDA) incentives message, dated 9 March 2012 (the message in effect at the time), the SLRP was open to any applicant enlisting in any MOS in incentive levels 1 through 5 which only pertained to one MOS at the time (35P - Cryptologic Linguist).
c. MOS 11X did not have an enlistment incentive when the Soldier contracted. As a result, the applicant was not eligible to receive the SLRP as an enlistment option.
6. On 8 May 2014, a copy of the advisory opinion was forwarded to the applicant to allow him to provide comments or a rebuttal. On 12 May 2014, he responded by stating "what I can understand is that my request to have my GI bill switch to SLRP was denied?" He states he was unclear of why the request was being denied and if this was the case, what steps could he take to make his request happen.
7. Paragraph 2-7 of Army Regulation 621-202 (Army Educational Incentives and Entitlements) states that all eligible Soldiers are automatically enrolled in the MGIB unless they choose to disenroll. The Defense Finance and Accounting Service will automatically reduce $100.00 from basic pay for the first full
12 months of all eligible active Soldiers unless the individuals choose to disenroll; the MGIB enrollment is irrevocable and monthly reductions are non-refundable.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his record is in error because he was lied to and misinformed has been carefully considered. However, his service record is void of evidence and he has not provided any evidence which shows an error or injustice exists in this case.
2. The applicants enlistment contract shows he enlisted for training in MOS 11X. On 3 May 2012, he signed a DD Form 2366 indicating that he wanted to be enrolled in the MGIB.
3. 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 time, MOS 35P. This office stated MOS 11X did not have an enlistment incentive when the applicant contracted on 3 May 2012. As a result, the applicant was not eligible to receive the SLRP as an enlistment option.
4. Based on the foregoing, there is no basis for granting his request.
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 that 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) AR20140006986
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140006986
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