2.  The applicant requests, in effect, that his term of enlistment in the USAR be corrected from 3 to 6 years and that he be issued a Notice of Basic Eligibility (NOBE) for educational benefits under the Montgomery G.I. Bill (MGIB).

3.  The applicant states that he enlisted for the MGIB but was later told by the VA when he attempted to use his educational benefits that he was not eligible for MGIB benefits since he did not incur a 6-year military obligation when he enlisted.  His unit clerk told him that since he had enlisted for 3 years, he could extend his enlistment for an additional 3 years and establish eligibility for the MGIB.  Based on that advice, he extended his enlistment for 3 years only to be told that he is still not eligible for MGIB benefits.

4.  The applicant's military records show he enlisted in the USAR for 3 years on 2 November 1993 in pay grade E-3.  He had completed 1 year, 11 months and 16 days of prior active duty at that time.  

5.  In conjunction with his enlistment, he completed a DA Form 3286-67 which indicates that he was enlisting for the MGIB.

6.  On 1 December 1994 the applicant completed a DA Form 4836, Oath of Extension of Enlistment or Reenlistment, in which he extended his 2 November 1993 3-year enlistment for an additional 3 years.  Item 9 of that form, authority and reason for this extension has “Rule R, Army Regulation 
140-111” entered.

7.  Rule R, Army Regulation 140-111, provides for the extension of reservists and guardsmen for the period necessary to provide for a remaining term of service of 6 years in order to establish MGIB eligibility.

8.  The policies and procedures for the MGIB for members of the USAR are outlined in Army Regulation 135-7.  This regulation provides for issuing an individual who is assigned to an ARNG or USAR unit, or who is assigned to an Individual Mobilization Augmentee position, or who is on active duty in the AGR program and established eligibility for the MGIB prior to 1 July 1990 for USAR soldiers and 1 October 1990 for ARNG soldiers, an NOBE if he or she enlists, reenlists or extends an enlistment for not less than 6 years.

9.  Title 38, U.S. Code, section 3012, specifies, in pertinent part, that a reservist is eligible for the MGIB if he or she initially entered in an Armed Force after 30 June 1985.

CONCLUSIONS:

1.  The applicant completed an MGIB addendum to his enlistment contract and would reasonably think that his recruiter would insure that the terms of his enlistment would support that enlistment incentive.

2.  Likewise, he extended his enlistment for 3 years based on the assurance of his unit clerk that the extension would entitle him to MGIB benefits.  That was not true.

3.  Since it was the applicant’s stated intent to enlist for the MGIB, it would be equitable to correct the term of service on his enlistment contract from 3 to 6 years, thereby establishing MGIB eligibility at the date of his enlistment.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned enlisted for 6 years on 2 November 1993 with entitlement to MGIB benefits.

BOARD VOTE:  

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION




		                           
		        CHAIRPERSON