IN THE CASE OF:
BOARD DATE: 8 January 2015
DOCKET NUMBER: AR20140017450
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 contracted for the Student Loan Repayment Program (SLRP) incentive vice a $20,000 enlistment bonus at the time of his Regular Army (RA) enlistment.
2. The applicant states:
a. He would like his records corrected to show he enlisted for the SLRP instead of the bonus incentive. Due to the fact that he was only offered a signing bonus, he was also prompted to signup for the Montgomery GI Bill (MGIB). Although he had significant student loan debt, he was not offered the SLRP as an enlistment incentive for his enlistment in military occupational specialty (MOS) 35P (Cryptologic Linguist).
b. He knows that this MOS was the only one still eligible for the SLRP at the time of his enlistment. Other Soldiers in his MOS who enlisted after him were offered the SLRP. Based on his present financial situation, he believes the SLRP would have been a much better incentive. He thinks that any applicant with a college degree and student loan debt should be offered the SLRP over a bonus if it is a viable option at the time of enlistment.
3. The applicant provides Annex A to DA Form 3286 (Statement for Enlistment - U.S. Army Enlistment Program - Army Delayed Enlistment Program (DEP)) and DD Form 2366 (MGIB Act of 1984 - Basic Enrollment).
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the U.S. Army Reserve (USAR) DEP on 16 January 2014. He provides and his record contains Annex A to DA Form 3286, dated 16 January 2014, which shows he was scheduled to enlist in the RA on 7 April 2014 and that he agreed to enlist in the RA for a period of 6 years in the rank/grade of specialist (SPC)/E-4 for a cash bonus of $20,000 and MOS 35P.
2. His record does not contain an addendum showing he enlisted for the SLRP incentive. On 6 April 2014, he was discharged from the DEP and on 7 April 2014, he enlisted in the RA.
3. In an advisory opinion, dated 28 October 2014, an advisory official from the Enlisted Accessions Division, Office of the Deputy Chief of Staff (G-1), Headquarters, Department of the Army recommended disapproval of the applicant's request and opined that:
a. The applicant entered active duty (i.e., enlisted in the DEP) on 16 January 2014 and contracted for the RA for a $20,000 non-prior service enlistment bonus (NPSEB). Enlistment incentives are offered and must be accepted at the time of enlistment (emphasis added). At the time the applicant enlisted, the SLRP was suspended as an enlistment incentive, which is why it was not offered to him.
b. The Army tailors its incentives program to meet the needs of the recruiting and retention force while ensuring it stays within budgetary constraints. Periodically throughout the year, current needs are accessed and the incentive program is adjusted accordingly. As a result, it is not unusual for members of the same unit to have various types or amounts of enlistment incentives.
4. On 29 October 2014, the applicant was provided a copy of the advisory opinion for information and to allow him the opportunity to submit comments or a rebuttal; however, no response was received.
5. The SLRP provides for the repayment by the U.S. Government of a designated portion of any outstanding student loan(s) secured after 1 October 1975. To be eligible for the SLRP incentive, at the time of enlistment, a person must contractually obligate himself/herself to serve satisfactorily, must serve for the full term of the contractual agreement, and must further obligate himself or herself to continue to serve in the same component and the same MOS.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant enlisted in the USAR DEP on 16 January 2014 and subsequently enlisted in the RA on 7 April 2014 for a period of 6 years, training in MOS 35P, and a $20,000 NPSEB. His record is void of an SLRP Addendum that shows he enlisted for the SLRP incentive and the advisory official confirmed this incentive was not offered for MOS 35P at the time of his enlistment.
2. There is no evidence that shows he was misinformed by his recruiter as to the incentives available to him at the time of his enlistment. Enlistment incentives must be contracted for at the time of enlistment and there are no provisions to "switch" incentives that have been contracted for.
3. In view of the foregoing, he is not entitled to the requested relief.
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) AR20140017450
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