MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           24 February 1999                   
	DOCKET NUMBER:   AC98-11562
                                              AR1999015585

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. Mark D. Manning		Member	
	Ms. Barbara J. Ellis		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That his enlistment contact be corrected to show that he elected the Loan Repayment Program (LRP) enlistment option.

APPLICANT STATES:  That his recruiter, career counselor, and he, himself, agreed that the LRP would be included in his enlistment contract.  He states that as a recent college graduate, married with two children the LRP was an excellent opportunity to address the $35,000.00 in student loans.  He also states that he is currently enrolled in the Montgomery GI Bill (MGIB), but never wanted to be enrolled because he understood that he could not participate in the LRP and the MGIB.

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant enlisted in the Regular Army on 13 November 1997 for a period of 3 years.  When he enlisted he signed a DA Form 2366, Veterans Educational Assistance Act of 1984, accepting enrollment in the “New GI Bill”.  Also, he signed an addendum (DD Form 1966/3) to his enlistment contact electing only the training of choice enlistment option for training as a Bradley Fighting Vehicle System Mechanic.

The applicant is presently assigned to Headquarters and Headquarters Company, 1st Calvary Division, Fort Hood, Texas.

Army Regulation 601-210, (Regular Army and Army Reserve Enlistment Program) chapter 6, specifies what forms are to be completed when a person enlists in the Army.  Those forms include the DA Form 3286-60, which shows which options have been elected by the person enlisting.  Only the Educational Incentive Programs options elected on that form are considered valid and will be honored by the Army.

On the applicant’s DA Form 3286-60 he initialed “YES” for enrollment in the MGIB and “NO” for the Army College Fund (ACF) and the LRP.

The LRP is an educational enlistment incentive which provides for the payment of 33 1/3 percent or $1,500.00 of the unpaid principal of eligible student loans for each year of active duty a soldier completes.  When a soldier enlists for this option, he must disenroll from the Montgomery GI Bill (MGIB).

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The applicant, at the time of his enlistment, authenticated by his signature, the training of choice enlistment option, only.  There is no evidence that he sought or elected the LRP as an enlistment option or that he was promised that incentive.
2.  The applicant’s contention that he never wanted to enroll in the MGIB because of his understanding that he could not participate in both the LRP and the MGIB is insufficient to grant relief.  The evidence shows that the applicant elected the MGIB and specifically declined the LRP as indicated by the DA Form 3286-60.

3.  Also, the applicant’s signature on DA Form 2366, Veterans Educational Assistance Act of 1984, accepting enrollment in the “New GI Bill affirms that he was counseled on the procedures for enrollment and disenrollment from the MGIB.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

____X____  _____X___  ____X____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-11562/199015186	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990224	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         .	112	
2.		
3.		
4.		
5.		
6.