IN THE CASE OF: BOARD DATE: 26 July 2016 DOCKET NUMBER: AR20160004587 BOARD VOTE: ___x_____ ___x___ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 26 July 2016 DOCKET NUMBER: AR20160004587 BOARD DETERMINATION/RECOMMENDATION: USE THE FOLLOWING PARAGRAPH TO GRANT RELIEF. The Board determined the evidence presented is 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 removing the Education Loan Repayment Program incentive from his enlistment contract, including Annex A, dated 15 July 2010, and Annex B, dated 30 March 2011. ___________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. IN THE CASE OF: BOARD DATE: 26 July 2016 DOCKET NUMBER: AR20160004587 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, in effect, removal of his U.S. Army Education Loan Repayment Program (LRP) contract from his 2010 enlistment contract. 2. The applicant states: * he was enrolled at Campbellsville University in Kentucky and acquired a Stafford Loan before he joined the Army * he received the LRP incentive upon enlistment, but none of his student loans were paid for by the Army when he was in the service * he paid for the Montgomery GI Bill during his first year of service * he spent 5 years in the Army and has made all of his payments on his Stafford Loan * he received his Montgomery GI Bill certificate on 14 February 2016, awarding him 70 percent instead of the full 100 percent of the benefits for college * since his loan was not paid for and his outstanding balance is now almost finished, he would like to receive 100 percent of his benefits for the Montgomery GI Bill 3. The applicant provides: * DA Form 3286 (Statement for Enlistment) * Great Lakes payment history message CONSIDERATION OF EVIDENCE: 1. The applicant enlisted the U.S. Army Reserve under the Delayed Entry Program on 15 July 2010. DA Form 3286, Annex A shows he enlisted for: * Program 9A, U.S. Army Training Enlistment Program (uncommitted) * Program 9C, U.S. Army Incentive Enlistment Program (U.S. Army High Grad Bonus (30 -59 semester hours), U.S. Army Loan Repayment Program, U.S. Army Partnership for Youth Success Program 2. Item 4 of Annex A states the option he was enlisting for was the LRP and that in connection with this option he must disenroll from the Montgomery GI Bill. Disenrollment from the Montgomery GI Bill must be accomplished at the time he enters active duty. If he failed to complete the disenrollment portion of the DD Form 2366 (Montgomery GI Bill Act of 1984 (MGIB) Basic Enrollment), he would not be eligible for the LRP and would become automatically enrolled in the Montgomery GI Bill. 3. He signed DD Form 2366 on 15 July 2010. Item 3 (Statement of Understanding for all Eligible Members) states he was automatically enrolled in the MGIB unless he exercised the option to disenroll by signing Item 5 (Statement of Disenrollment). The applicant did not sign at Item 5 disenrolling him from the MGIB. 4. He was discharged from the Delayed Entry Program on 29 March 2011 and subsequently enlisted in the Regular Army on 30 March 2011. DA Form 3286, Annex B, dated 30 March 2011 likewise shows he enlisted for: * Program 9A, U.S. Army Training Enlistment Program (uncommitted) * Program 9C, U.S. Army Incentive Enlistment Program (U.S. Army High Grad Bonus (30 -59 semester hours), U.S. Army Loan Repayment Program, U.S. Army Partnership for Youth Success Program 5. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was honorably released from active duty due to completion of required active service on 29 March 2016. He completed 5 years of active service. 6. The Chief, Incentives and Budget Branch, Office of the Deputy Chief of Staff, G-1, provided an advisory opinion regarding this request on 26 April 2016. It states: a. The applicant requests to purge his LRP contract from his official records since he never received any money from the program and the existence of the contract in his file has hampered his eligibility for MGIB programs. b. Approval of the request to remove the LRP contract from his official records is recommended. The existence of the document has led the Department of Veterans Affairs to restrict the applicant’s MGIB eligibility to 70 percent. Removal of this document will correctly increase his eligibility to 100 percent. 7. The applicant provided a Great Lakes payment history message, dated 18 February 2016, which shows the status of his Stafford Loan account with the U.S. Department of Education. It shows he had an unpaid principal balance of $5,632.57 on 7 November 2010. He made payments on the loan on 31 May 2013 and every month from July 2013 through February 2016. His remaining balance as of 16 February 2016 was $3,089.96. 8. A review of his military records reveals no evidence indicating the Army made any payments on his student loan. REFERENCES: Public Law 99-145, section 671(a)(1) authorizes the LRP option for the Army. It states individuals must contract for the LRP upon entry on active duty. To be eligible for the LRP, an individual must do the following: * contract for the LRP as a non-prior service accession for a 3 or more year term of service into the active Army * disenroll from the MGIB * contract as a member in an officer candidate program or for a selected military occupational specialty * enter active duty with loans that were made, insured, or guaranteed prior to entry on active duty DISCUSSION: 1. The applicant enlisted in the Army for multiple incentives, to include the LRP, which required declination of the MGIB option in writing in order to receive it. 2. Records indicate he did not decline the MGIB and did not receive the benefit of student loan repayment through the LRP. Incentives and Budget Branch, Office of the Deputy Chief of Staff, G-1 recommended approval of the applicant’s request and confirmed his non-receipt of the LRP incentive. 3. The presence of the LRP reference in his enlistment contract is hampering his ability to receive 100 percent of his MGIB benefits. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004587 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004587 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2