BOARD DATE: 9 June 2016 DOCKET NUMBER: AR20150010628 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __x______ _x_______ _x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 9 June 2016 DOCKET NUMBER: AR20150010628 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. BOARD DATE: 9 June 2016 DOCKET NUMBER: AR20150010628 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 to show he enlisted for the Loan Repayment Program (LRP) instead of the Montgomery GI Bill (MGIB). 2. The applicant states: a. He enlisted for the LRP, but was told to sign the MGIB form with the understanding that his choice would be changed at his permanent duty station. b. He has tried to correct the error several times and he had a deferment for his length of service. c. This situation has caused him financial hardship. 3. The applicant provides: * self-authored letter, dated 23 May 2015 * undated letter from his recruiter at the time in question * DD Form 214 (Certificate of Release or Discharge from Active Duty) * DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) * DD Form 1966 (Record of Military Processing – Armed Force of the United States) * DA Form 3286 (Statement for Enlistment – U.S. Army Enlistment Program) * student loan 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 enlisted in the U.S. Army Reserve on 8 March 1993 under the Delayed Entry Program. His DD Form 2366 (MGIB Act of 1984), dated 8 March 1993, shows he understood he was automatically enrolled in the MGIB unless he exercised the option to disenroll by signing item 4 (Statement of Disenrollment) by the date designated by his service. Item 4 of this form is blank. 3. He was discharged from the U.S. Army Reserve on 15 April 1993 for immediate enlistment in the Regular Army. He enlisted in the Regular Army on 16 April 1993 for a period of 3 years. His enlistment contract shows he enlisted for the MGIB and he initialed the "NO" options for the Army College Fund and LRP. 4. He was honorably released from active duty on 26 February 1996. 5. He provided an undated letter from his recruiter at the time in question who attests: * he is sorry to hear the applicant is having problems with his loan repayment * his first sergeant told him the applicant would be able to change his election at his permanent duty station * the new first sergeant advised him to tell the applicant to take his enlistment contract to the Judge Advocate General (JAG) office and discuss it * he tried to provide the applicant with accurate information about Army programs * it appears he and the applicant were given wrong information 6. He also provided a self-authored letter, dated 23 May 2015, wherein he stated: a. At the time of his enlistment, he had outstanding student loans and his recruiter advised him that he could enlist for the LRP. He agreed and enlisted. As part of this program, he was advised to obtain a deferment to cover the 3 years of his enlistment on the basis that the Army would make annual lump sum payments each year with the final payment occurring during the third year of his enlistment agreement. b. While in-processing, he was given lots of paperwork and instructed to sign his name by the "X" on several documents. He was told he could read the contract later. When he saw the paperwork for the MGIB, he questioned why he was signing it when he was enrolling in the LRP. He was told to sign it and it would be changed when he arrived at basic training. c. He attempted to resolve the MGIB versus LRP incentive elections in basic training, but the drill sergeant told him they could not change the contract and he would need to take care of it when he arrived at his first duty station. He wrote to his recruiter requesting assistance. The recruiter replied and told him to take the contract to the JAG office to resolve the issue. He requested an appointment with the JAG office, but they were unable to help him. They advised him to write to his Congressional representative and try again at his permanent duty station. d. He tried to resolve the error again when he arrived in Korea. He spoke to a JAG officer who advised him to write to his Congressional representative. He never received a response from anyone in Congress. Upon his expiration term of service in 1996, he attempted to obtain assistance from the Department of Veterans Affairs (VA), but they refused to assist him since he was not disabled. e. During the 3 years the loan was deferred, he made several attempts to have the error corrected. He was recently advised to petition the Board. By the time the statute of limitations had expired and he was no longer in the Army, the loan had doubled in size due to the interest accrual. This loan has placed him under great financial strain when it should have been paid by the Army many years ago. 7. In the processing of this case, an advisory opinion was obtained from the Chief, Incentives and Budget Branch, Enlisted Accessions Division, Office of the Deputy Chief of Staff, G-1. The advisory official recommends disapproval of the applicant's request to add the LRP to his original enlistment contract in lieu of the MGIB. The opinion states: a. The applicant entered active duty on 8 March 1993 for a period of 3 years. His enlistment contract includes the MGIB and shows he declined the LRP as an enlistment option. b. The applicant claims he has made repeated unsuccessful attempts to have his enlistment contract changed to include the LRP rather than the MGIB. He provided a letter from his recruiter in which the recruiter apologizes for having potentially given wrong information, but that there was nothing he could do to help. c. Individuals who enlist for the LRP option are required to decline the MGIB. A review of the applicant's Army Military Human Resource Record indicates he enrolled in the MGIB when he enlisted in the Army. VA records also indicate he used benefits under the MGIB. Use of MGIB benefits is irrevocable; therefore, an exchange of the MGIB for the LRP incentive is not possible in this case. 8. A copy of the advisory opinion was forwarded to the applicant for comment and/or rebuttal. He did not respond. REFERENCES: Paragraph 2-7 of Army Regulation 621-202 (Army Educational Incentives and Entitlements) states all eligible Soldiers are automatically enrolled in the MGIB unless they choose to disenroll. The Defense Finance and Accounting Service will automatically reduce $100.00 from basic pay for the first full 12 months of all eligible active Soldiers unless the individuals choose to disenroll; MGIB enrollment is irrevocable and monthly reductions may not be stopped and are nonrefundable. DISCUSSION: 1. The applicant requests correction of his military records to show he enlisted for the LRP instead of the MGIB. 2. The evidence of record shows he enlisted for the MGIB and he declined the LRP as an enlistment option in 1993. 3. His contentions and the letter from his recruiter were carefully considered. Individuals who enlist for the LRP incentive are required to decline the MGIB. VA records show he used benefits under the MGIB. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150010628 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150010628 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2