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Decision Text

ARMY | BCMR | CY1990-1993 | 9310297
Original file (9310297.rtf) Auto-classification: Denied
APPLICANT REQUESTS: That his records be corrected to show that he enrolled in the Montgomery G.I. Bill (MGIB), and that he be allowed to make a lump-sum payment to qualify for MGIB educational benefits.

APPLICANT STATES : He was never informed that he could enroll in the MGIB.

EVIDENCE OF RECORD : The applicant's military records show:

He was commissioned a second lieutenant on 11 May 1990, entered on active duty on 24 June 1990, was promoted to first lieutenant, and was honorably released from active duty due to his unqualified resignation on 22 September 1993.

In the processing of this case an advisory opinion (COPY ATTACHED) was obtained from the Total Army Personnel Command (PERSCOM). The PERSCOM stated that Public Law 98-525 authorized individuals entering active duty for the first time to be automatically enrolled in the MGIB unless they declined participation in this education incentive and disenrolled. However, due to misinformation concerning enrollment of officers, an officer open season was established from 15 April to 15 July 1992. That open season was well publicized and was placed on all mid-month April 1992 Leave and Earnings Statements. The PERSCOM recommends disapproval of the applicant’s request.

DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion, it is concluded:

1. The applicant was on active duty for the 1992 open season for MGIB enrollment.

2. While confusion may have existed on officers’ entitlements to the MGIB, the Board is satisfied that the Army did everything that could reasonably be expected to allow eligible officers to enroll in the program.
3. The preceding conclusions are consistent with the advisory opinion from the PERSCOM.

4. In view of the foregoing, there is no basis for granting the applicant’s request.

DETERMINATION : The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE :

GRANT

GRANT FORMAL HEARING

DENY APPLICATION




                                                      Karl F. Schneider
                                                      Acting Director

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