ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 30 January 2020 DOCKET NUMBER: AR20190005229 APPLICANT REQUESTS: correction of his record to show removal of the Loan Repayment Program (LRP) option from his enlistment contract. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 20 May 2011 * Orders Number 1311003, dated 2 November 2011 * DA Form 3286 (Statement for Enlistment U.S. Army Enlistment Program), dated 7 November 2011 * DD Form 2366 (Montgomery GI Bill (MGIB) Basic Enrollment), dated 7 November 2011 * DD Form 93 (Record of Emergency Data), dated 8 November 2011 * SGLV Form 8286 (Servicemembers’ Group Life Insurance Election and Certificate), dated 8 November 2011 * Orders Number 355-316, dated 21 December 2011 * DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 2 April 2015 * Veterans Affairs (VA) letter, dated 6 February 2019 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, no payments were dispersed toward his prior existing loans. He is no longer eligible to have his loans repaid due to the Barring Act. He would like to utilize his Post 9/11 GI Bill at 100% eligibility. 3. The MGIB is a program governed by Army Regulation (AR) 601-210 (Active and Reserve Components Enlistment Program). The Post 9/11 GI Bill is a program administered by the Veterans Affairs. This record of proceedings will highlight MGIB procedures. The applicant will have to address Post 9/11 GI Bill benefits with the Veterans Affairs. 4. A review of the applicant’s official records show the following on: * 7 November 2011 – the applicant enlisted in the Regular Army, in conjunction with this enlistment the following forms were completed: * DA Form 3286 showing in section 1 (Acknowledgement): * item 2; he was enlisting for the U.S. Army LRP * item 3a; he understood with the LRP option he must dis-enroll from the MGIB at the time he entered on active duty * item 5d; Education Incentives Branch, Army Human Resources Command, authorizes Defense Finance and Accounting Services (DFAS) to disburse appropriate payment to the loan holder * DD Form 2366: * item 4 (Service Unique Education Assistance Options) he understood he was dis-enrolling from the MGIB to participate in the LRP * item 5 (Statement of Disenrollment) he did not desire to participate in the MGIB and that he would not be able to enroll at a later date * he endorsed this form with his signature * 2 April 2015 – the applicant was honorably released from active duty, he completed 3 years, 4 months, and 26 days of net active service * 31 October 2019 – the analyst of record inquired with DFAS to determine whether any loan payments had been dispersed to the applicant’s educational institution, and, on 4 November 2019, a DFAS official stated there were no SLRP payments for the applicant 5. The applicant provides a VA letter that states he is entitled to use 40% of the benefits payable under the Post 9/11 GI Bill. The percentage was determined based on his length of creditable active duty service. 6. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) in effect at the time states, to qualify for the LRP the Soldier must dis-enroll from the MGIB 7. The VA website provides the following information related to Post 9/11 GI Bill entitlements. To be eligible for 100% of the benefit, you must have served 36 total months of active duty. If you served fewer than 36 months, your percentage of benefits ranges from 40 to 90%. * 90 percent: 30 total months, including active duty in entry level and skill training * 80 percent: 24 total months, including active duty in entry level and skill training * 70 percent: 18 total months, excluding active duty in entry level and skill training * 60 percent: 12 total months, excluding active duty in entry level and skill training * 50 percent: six total months, excluding active duty in entry level and skill training * 40 percent: 90 or more days, excluding active duty in entry level and skill training 8. Title 38 USC, section 3011(3)(c) states, an individual described in subsection (a)(1)(A) (becomes a member of the Armed Force after 30 June 1985) of this section may make an election not to receive educational assistance under this chapter. Any such election shall be made at the time the individual initially enters on active duty as a member of the Armed Forces. Any individual who makes such an election is not entitled to educational assistance under this chapter (MGIB). BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his record of service, his enlistment contract and affirmative choice regarding LRP, his acknowledgement regarding dis-enrollment from MGIB, the absence of payments toward any loans under LRP and the date of his separation. The Board found the applicant enlisted for LRP, but did not derive any benefit from that incentive; he has been denied MGIB benefits as a result. The Board determined the applicant’s request has merit and that a correction to his record would be just. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/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 records of the individual concerned be corrected by: - Voiding the applicant’s choice of LRP in association with the enlistment contract dated 7 November 2011, and; - Restoring the applicant’s eligibility for MGIB benefits in accordance with the length of service he completed. 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 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. AR 601-210 (Active and Reserve Components Enlistment Program) in effect at the time states, to qualify for the LRP the Soldier must dis-enroll from the MGIB 3. The VA website provides the following information related to Post 9/11 GI Bill entitlements. To be eligible for 100% of the benefit, you must have served 36 total months of active duty. If you served fewer than 36 months, your percentage of benefits ranges from 40 to 90%. * 90 percent: 30 total months, including active duty in entry level and skill training * 80 percent: 24 total months, including active duty in entry level and skill training * 70 percent: 18 total months, excluding active duty in entry level and skill training * 60 percent: 12 total months, excluding active duty in entry level and skill training * 50 percent: six total months, excluding active duty in entry level and skill training * 40 percent: 90 or more days, excluding active duty in entry level and skill training 4. Title 38 USC, section 3011(3)(c) states, an individual described in subsection (a)(1)(A) (becomes a member of the Armed Force after 30 June 1985) of this section may make an election not to receive educational assistance under this chapter. Any such election shall be made at the time the individual initially enters on active duty as a member of the Armed Forces. Any individual who makes such an election is not entitled to educational assistance under this chapter (MGIB). NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20190005229 4 1