ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 18 January 2019 DOCKET NUMBER: AR20160016665 APPLICANT REQUESTS: Removal of the Loan Repayment (LRP) incentive from his 2008 enlistment contract. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty) * E-mail Communications with U.S. Army Human Resources Command (HRC) * E-mail Communications with VA Army National Guard (VAARNG) Education Services FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states when he joined the U.S. Army in 2008, his contract included LRP for loans he had prior to enlisting. These loans were never paid. Since he left military service, he has been set up with a personal way to pay off his loans through a form of employer assistance. Since he never benefitted from the incentive, and his loans were never paid, he would like to have the LRP removed from his Regular Army (RA) enlistment contract from 2008-2011. This is for the purpose of qualifying that additional service obligation for eligibility for 100% of the Post-9/11 GI Bill, which the Department of Veterans Affairs (VA) will not grant unless the ABCMR grants him relief. The VA requires that this be changed in the Defense Manpower Data Center (DMDC) system before they will grant his 100% eligibility in the Post-9/11 GI Bill. He does not want his loans to be paid using his LRP incentive. 3. The applicant provides: a. E-mail communications with HRC which show that he contracted for LRP incentive and that he would need relief granted by ABCMR to qualify for his Post-9/11 GI Bill benefit. b. E-mail communications with VAARNG Education Services which states that the Interactive Personnel Electronic Records Management System (iPERMS) shows the applicant contracted for LRP and therefore his time from 9 January 2008 to 8 January 2011 cannot be used as time served for Post-9/11 GI Bill purposes. They add that they do not have the authority to remove the document. 4. A review of the applicant’s service records shows the following: a. He enlisted in the RA on 9 January 2008. (1) In connection with his enlistment, he signed Annex A (Statement for Enlistment, U.S. Army Enlistment Program, U.S. Army Delayed Enlistment Program) and Annex B (Statement for Enlistment, U.S. Army Enlistment Program) that show he enlisted for: * program 9A, U.S. Army Training Enlistment Program * program 9C, U.S. Army Incentive Enlistment Program (U.S. Army Enlistment Bonus, LRP, and U.S. Army Seasonal Bonus) (2) In paragraph 3f of Annex A and paragraph 2b of Annex B, he acknowledged that he understood that he must disenroll from the GI Bill in order to qualify for the LRP. Disenrollment must be accomplished at the time he entered active duty. If he failed to complete the disenrollment portion of the DD Form 2366 (Montgomery GI Bill), he would not be eligible for LRP and would be automatically enrolled in the GI Bill. b. On 8 December 2007, he completed DD Form 2366 to document his understanding of his eligibility or lack of eligibility for benefits under the GI Bill. He authenticated this form in paragraph 5 (Statement of Disenrollment) and acknowledged that he did not desire to participate in the Montgomery GI Bill and understood the benefits of the Montgomery GI Bill program and that he would not be able to enroll at a later date. c. He was honorably released from active duty on 4 May 2011. His DD Form 214 shows he completed 3 years, 3 months, and 26 days of active service. d. Prior to his release from active duty, he enlisted in/affiliated with the VAARNG on 8 December 2010. He served on active duty from 6 June 2014 to 15 August 2014, a period of 2 months and 10 days. e. He extended in the ARNG on 20 June 2013 and 17 July 2016. In connection with his extension on 18 July 2016, he executed Annex L to DD Form 4 or DA Form 4836 (Current Member Student LRP (SLRP) Addendum, ARNG of the U.S.). 5. An advisory opinion was obtained from the Department of the Army, Office of the Deputy Chief of Staff, G-1, dated 4 October 2018, the Chief, Accessions Division states: a. The applicant requests that the U.S. Army LRP annotated in his DA Form 3286 (Annex B) dated 9 January 2008 be removed from his initial enlistment contract in order to qualify for full benefits under the Post-9/11 GI Bill. b. The applicant enlisted in the RA on 9 January 2008 in military occupational specialty 13D (Field Artillery Automated Tactical Data System Specialist), agreeing to service three years and 21 weeks of his eight year enlistment in the RA. At the time of his enlistment, his contract stipulated that he would receive LRP benefits. He fulfilled the terms of his active duty contact and on 8 December 2010, affiliated with the ARNG where he remains an active serving member. On 17 July 2016, he reenlisted in the ARNG for a 6-year term of service, qualifying for the $50,000 Reserve Component (RC) SLRP. c. DAPE-MPA-CB confirmed that the Defense Finance and Accounting Service (DFAS) disbursed $7,500 in March 2018 to two higher education lenders; however, these funds were disbursed under his ARNG reenlistment contract entitlement to the RC SLRP, under which a Soldier may receive loan repayment and full Post-9/11 GI Bill benefits. d. DFAS further confirmed that the Soldier did not receive any payment under the LRP. Therefore, the Army G-1 recommends approval to remove the LRP from his original enlistment contract dated 9 January 2008 in order to allow him full eligibility to Post-9/11 GI Bill entitlement. 6. The advisory opinion was forwarded to the applicant for consideration on 9 October 2018. He did not respond. 7. By regulation, if a service member elects the LRP option, the member forfeits his/her eligibility to the Post 9/11 GI Bill. Service members cannot receive the GI Bill and Student Loan Repayment Program (SLRP) for the same time period. Once a member signs up for the SLRP, the member incurs a three-year obligation in which during those three years he/she is not acquiring GI Bill eligibility. 8. The Post-9/11 GI Bill (chapter 33 benefits) is an education benefit program specifically for military members who served on active duty on or after 11 September 2001. Active duty Service members that served at least 90 aggregate days on active duty after 10 September 2001, or served 30 continuous days on active duty after 10 September 2001 or were honorably discharged for a service-connected disability, are eligible for the Post 9/11 GI Bill. The Post-9/11 GI bill will allow service members who enlisted under the student loan repayment plan to qualify for the GI Bill benefits. However, time spent satisfying the student loan repayment obligation does not count toward the active duty service necessary to qualify for the benefits. BOARD DISCUSSION: The Board considered the applicant’s request with all supporting documents, evidence in the service record and applicable regulations, policy, and guidance. The applicant met his contractual requirements and did not receive any payment under the LRP Therefore the Board finds the preponderance of evidence warrants granting full relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :x :x :x GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DERTERMINATION/RECOMMENDATION: 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 and Army National Guard records of the individual concerned be corrected by: * voiding and removing the Loan Repayment Program incentive from his enlistment contract, including Annex A, dated 8 December 2007 and Annex B, dated 9 January 2008 * showing the Army G-1 updated his record in the Defense Manpower Data Center (DMDC) to show his eligibility for the Post 9/11 GI Bill, provided all other requirements have been satisfied SIGNATURE: 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 621-202 (Army Educational Incentives and Entitlements), currently in effect, establishes a reference for educational incentives and entitlements authorized by public law. It provides policies, responsibilities, and procedures governing educational benefits for Soldiers and former Soldiers. It states, in pertinent part, in paragraph 4-4d “the 3 year ADSO (Active Duty Service Obligation) associated with acceptance of the active duty RA LRP incentive (Title 10 USC Chapter 109). For purposes of Post-9/11 GI Bill qualifying AD (active duty) service, the ADSO associate with RA LRP is the first 3 years of AD service regardless of the length of the initial service obligation. (For example, a Soldier enlists for 5 years and receives LRP. The first 3 years are not qualifying for Post-9/11 GI Bill eligibility. The last 2 years of the enlistment are qualifying for Post-9/11 GI Bill eligibility). 3. Directive-Type Memorandum 09-003: Post-9/11 GI Bill, dated 22 June 2009, established policy, assigned responsibilities, and prescribed procedures under chapter 33 of title 38 USC for carrying out the Post-9/11 GI Bill. It states the Department of Veterans Affairs is responsible for determining eligibility for education benefits under the Post-9/11 GI Bill. Generally, to be eligible for the Post-9/11 GI Bill, individuals must serve on active duty on or after September 11, 2001, for at least 30 continuous days with a discharge due to a service-connected disability; or an aggregate period ranging from 90 days to 36 months or more. Benefits under the Post-9/11 GI Bill are based on a percentage, as determined by a service member’s length of qualifying active duty service.