IN THE CASE OF: BOARD DATE: 5 January 2016 DOCKET NUMBER: AR20150004090 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 the Loan Repayment Program (LRP) incentive from his 2008 enlistment contract. 2. The applicant states: * he did not receive any benefits under the LRP incentive from the date he enlisted in 2008 to the date he was separated in 2012 * he was separated in 2012 but the Department of Defense failed to pay any of his student debt * because he enlisted for the LRP incentive, he was not qualified for Post-9/11 GI Bill educational benefits * he has a debt with the Department of Veterans Affairs (VA) because he was ineligible for the Post-9/11 GI Bill * he believes this is an injustice 3. The applicant provides a letter from the VA. CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the U.S. Army Reserve under the Delayed Entry Program (DEP) on 21 March 2008. In connection with this enlistment, he signed Annex A (Statement of Enlistment, U.S. Army Enlistment Program) that shows he enlisted for: * Program 9A, U.S. Army Training Enlistment Program, for training in military occupational specialty (MOS) 89D (Explosive Ordnance Disposal Specialist) * Program 9C, U.S. Army Incentive Enlistment Program (U.S. Army High Grad Bonus, U.S. Army Enlistment Bonus, Loan Repayment Program, and U.S. Army Seasonal Bonus) 2. Item 3(e) of Annex A states "The incentive above is the U.S. Army Loan Repayment Program (LRP). I understand that I must disenroll from the GI Bill in order to qualify for this program. Disenrollment must be accomplished at the time I enter on active duty. If I fail to complete the disenrollment portion of the DD Form 2366 [Montgomery GI Bill], I will not be eligible for the LRP and will become automatically enrolled in the GI Bill." 3. Also on 21 March 2008, he completed DD Form 2366 to document his understanding of his eligibility or lack of eligibility for benefits under the GI Bill. He signed section 5 (Statement of Disenrollment) and acknowledged that "I do not desire to participate in MGIB; I understand the benefits of the MGIB program and that I will not be able to enroll at a later date." 4. He was discharged from the DEP on 21 April 2008 and subsequently enlisted in the Regular Army for 4 years on 22 April 2008. In connection with this enlistment, he signed Annex B (Statement of Enlistment, U.S. Army Enlistment Program) that shows he enlisted for: * Program 9A, U.S. Army Training Enlistment Program * Program 9C, U.S. Army Incentive Enlistment Program (U.S. Army High Grad Bonus, U.S. Army Enlistment Bonus, Loan Repayment Program, and U.S. Army Seasonal Bonus) 5. He completed basic combat training and only Phase 1 of MOS 89B advanced individual training. He was then reassigned to Fort Huachuca, AZ where he completed training for award of MOS 35F (Intelligence Analyst). 6. He was honorably released from active duty on 21 April 2012 by reason of having completed his required active service. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he completed 4 years of active service. 7. He provides a letter, dated 23 February 2015, from the VA informing him of a debt resulting from overpayment of educational benefits. 8. An advisory opinion was received from the Office of the Deputy Chief of Staff, G-1 on 15 September 2015, in the processing of this case. An advisory official recommended approval and stated: a. The applicant entered active duty on 22 April 2008. He contracted for the LRP which required declination of the MGIB option. The LRP and declination were registered in the Defense Education Benefits (DEB) website. b. The applicant has not received any benefits under the LRP and he requests this program be removed from his contract. He now believes the Post-9/11 GI Bill would be of greater value and provide him with an education to support his needs. c. If the Board decides to grant him relief, the Army G-1 office recommends that the decision be provided to their office so that the DEB website can be updated to remove his eligibility for the LRP which would make him eligible for the Post 9/11 GI Bill. This Army G-1 will provide the VA with information pertaining to his eligibility for the Post 9/11 GI Bill. 9. The applicant was provided with a copy of this advisory opinion on 16 September 2015 to give him an opportunity to comment but he did not respond. DISCUSSION AND CONCLUSIONS: 1. The applicant enlisted in the DEP for multiple incentives including the LRP which required declination of the MGIB option in writing. He signed a DD Form 2366 declining the MGIB. The LRP and declination were registered in the DEB website. 2. In July 2009, the Post-9/11 GI Bill was introduced but he was not eligible because he had declined enrollment in the MGIB, favoring the LRP instead. There is no error or injustice in his military records. He was counseled, briefed, and acknowledged his understanding of declining the GI Bill. 3. However, Army G-1 has verified that he has not received any benefits under the LRP. As a matter of equity and good conscience, there would be no harm if his records were corrected to remove the LRP incentive from his enlistment contract which would enable an update of the DEB website to remove his eligibility for the LRP and make him eligible for 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 removing the Loan Repayment Program incentive from his enlistment contract, including Annex A, dated 21 March 2008, and Annex B, dated 22 April 2008. _______ _ _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) AR20150004090 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004090 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1