APPLICANT REQUESTS: Correction of his military records by changing the date of his reenlistment from 26 June 1991 to 26 December 1991.
APPLICANT STATES: In effect, upon his return from Desert Storm, he wanted to reenlist for the Montgomery GI Bill (MGIB) under Army Regulation 140-111, chapter 9. He was then 6 months from his expiration of term of service. When his reenlistment was processed, he was advised that he was already on the VA computer for the MGIB and had been since 25 December 1985, the date of his prior reenlistment. Therefore, it was not necessary to reenlist early. The error was due to his Military Personnel Records Jacket not reflecting that he had already been approved for the MGIB. Also, he had never been counseled as to having the MGIB nor was he ever given a DD Form 2384-1 (Notice of Basic Eligibility).
EVIDENCE OF RECORD: The applicant's military records show:
He was born on 29 March 1958. On 28 December 1979, he enlisted in the U.S. Army Reserve (USAR), in pay grade E-1, for 6 years.
On 27 December 1985, he reenlisted in the USAR, in pay grade E-4, for 6 years under Army Regulation 140-111, chapter 7, with entitlement to a Selected Reserve Reenlistment Bonus of $1,800, for military occupational specialty 76V10 (Material Storage and Handling Specialist).
He was ordered to active duty on 27 September 1990 and remained on active duty through 18 May 1991 in support of Operation Desert Shield/Storm.
On 26 June 1991, he reenlisted in the USAR, in pay grade
E-4, under Army Regulation 140-111, paragraph 9-3a, for the MGIB and the Student Loan Repayment Program.
Facts relating to the applicants contention that the reenlistment date be changed are contained in the opinion (COPY ATTACHED) of the Office of the Chief, Army Reserve (OCAR), which is incorporated herein and need not be reiterated. The opinion of the OCAR was that the applicants reenlistment date should not be changed as requested.
Army Regulation 140-111, at chapter 9, provides, in pertinent part, that Congress enacted the MGIB (Educational Assistance Program for Selected Reserve soldiers) to encourage membership in the Selected Reserve. It provides educational assistance to qualifying Selected Reserve soldiers who, enlist, reenlist, or extend for 6 years in the Selected Reserve.
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. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
2. Although the applicant was eligible for the MGIB at the time of his reenlistment on 27 December 1985, there is no evidence that he was issued a Notice of Basic Eligibility attesting to his eligibility at that time.
3. At the time of the applicants reenlistment on 26 June 1991, he completed the required documentation for the MGIB and the Student Loan Repayment Program.
4. The Board notes that, under title 10, U.S. Code, chapter 1606-Educational Assistance/Selected Reserve, there is a time limitation for use of the entitlement under the MGIB. Since the OCAR has updated the Department of Defense records to reflect the applicants correct eligibility date of 26 June 1991, this action has, in effect, extended the applicants time for use of this entitlement as long as he remains a member of the Selected Reserve.
5 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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