IN THE CASE OF:
BOARD DATE: 10 February 2015
DOCKET NUMBER: AR20140008536
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 removal the Student Loan Repayment Program (SLRP) option from his enlistment contract and restoration of full educational benefits under the Post 9-11 GI Bill.
2. The applicant states he never received any payments under the SLRP during his time in service. The loans were in his parents name and had been sold a few times to different loan companies. He is attempting to return to college and use the full educational benefits under the Post 9-11 GI Bill. With the SLRP notation on his records he is only eligible to 40% of the benefits. He wishes to have the SLRP option removed from his contract so he can receive full of education benefits under the Post-911 Bill.
3. The applicant provides no supporting documentation.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 6 June 2005.
2. His enlistment contract shows his options as an enlistment cash bonus, military occupational specialty (MOS) 11X, and participation on the SLRP.
3. The applicant was honorably released from active duty on 25 October 2008 and transferred to the Army National Guard (ARNG).
5. He was honorably discharged from the ARNG on 10 October 2010 and reenlisted in the ARNG on 14 April 2014.
6. In the processing of this case, a staff advisory opinion was obtained from the Department of the Army, Chief, Incentives and Budget Branch. In their review of the applicant's records, it was found that the applicant had never received any payments under the SLRP. It was noted that the applicant's loans were made in his parents name (called PLUS loans) and at the time the military services were precluded from paying PLUS loans. Subsequently, payment of PLUS loans was authorized; however, there is no evidence that the applicant received this information. It was opined that the applicant had most likely received flawed information and counseling because of the confusion surrounding payment of PLUS loans. It was recommended that the applicant's enlistment contract be corrected by deleting the SLRP option; thereby restoring his full Post 9-11 GI Bill entitlement. Documentation provided with the advisory opinion shows the loans have been paid off.
7. A copy of the advisory opinion was forwarded to the applicant without further comments from the applicant.
DISCUSSION AND CONCLUSIONS:
1. As noted in the advisory opinion, at the time the applicant signed his enlistment contract PLUS loans were not among the types of loans authorized under the SLRP.
2. It was confirmed that the applicant did not receive any payments under the SLRP even after PLUS loans were included in the SLRP.
3. Since the applicant was not initially entitled and apparently was not informed of the change in policy, he did not receive payment under the SLRP. As a matter of equity, it would be appropriate to remove the SLRP option from his original enlistment contract and show he is entitled to full educational benefits under the Post 9-11 GI Bill.
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. deleting from the applicant's 6 June 2005 enlistment contract all reference to an SLRP option; and
b. showing the applicant is entitled to full educational benefits under the Post 9-11 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) AR20140008536
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