IN THE CASE OF:
BOARD DATE: 10 February 2015
DOCKET NUMBER: AR20140011635
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 by reinstating his entitlement to receive benefits from the Montgomery GI Bill (MGIB).
2. The applicant states he enlisted in 2008 and opted into the Student Loan Repayment Program (SLRP). To receive the SLRP he had to opt out of the MGIB. He never filed the necessary paperwork required to initiate the SLRP. Because he never used the SLRP he now wants to have his Montgomery GI Bill reinstated.
3. The applicant provides no additional documentation.
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's DD Form 4 (Enlistment Document Armed Forces of the United States) dated 29 August 2008 shows he enlisted in the United States Army Reserve for a period of 8 years. On 25 September 2008, he enlisted in the Regular Army for a period of 5 years.
3. The applicant's DA Form 3286 (Statement for Enlistment, Annex A) states that he opted for the SLRP. It further stated that he had to disenroll from the MGIB in order to qualify for the SLRP.
4. The applicant's DD Form 2366 (MGIB Act of 1984, Basic Enrollment) dated
1 October 2008 shows that the applicant did not desire to participate in the MGIB. It further states that he understood the benefits of the MGIB and that he would not be able to enroll at a later date. He signed and dated the form.
5. In processing this case, an advisory opinion was obtained from the Reserve Incentives Program Manager, Office of the Deputy Chief of Staff, G-1, Department of the Army, Washington, DC. It stated that the applicant was requesting to receive the MGIB in lieu of the SLRP that he had contracted during his enlistment in the U.S. Army. The applicant had opted out of the MGIB in order to qualify for the SLRP. Because he never completed the required paperwork for the SLRP none of his loans have been repaid. Now he is requesting to change his irrevocable decision to opt out of the MGIB and to have his eligibility reinstated. The advisory opinion recommends denial of this request.
6. On 1 October 2014, a copy of the advisory opinion was sent to the applicant for his information and opportunity to respond. No response was received.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his military records should be corrected by reinstating his eligibility to receive benefits from the MGIB because he never filed the necessary paperwork required to initiate the SLRP.
2. The evidence of record clearly shows that the applicant made his decision to opt out of the MGIB in order to receive the SLRP. He also knew that his decision was irrevocable. The applicant has not provided any evidence or argument showing that his failure to use the SLRP was not due to his own negligence.
3. There is no evidence of error or injustice in this case.
4. In view of the above the applicant's request should be denied.
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) AR20140011714
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ABCMR Record of Proceedings (cont) AR20140011635
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