APPLICANT REQUESTS: That the $1,000.00 that was deducted from his pay for the Montgomery G.I. Bill (MGIB) be refunded to him.
APPLICANT STATES: During the first 12 months that he was in the Army no money was deducted from his pay. During the next 10 months $100.00 a month was inexplicably deducted from his pay for the MGIB. He completed a DD Form 2366, Veterans Educational Assistance Act of 1984 (New GI Bill), wherein he signed the Statement of Understanding, but did not sign the portion of the form enrolling in the MGIB. As such, he contends that MGIB contributions were erroneously deducted from his pay and should be returned to him.
In support of his application he submits a copy of the DD Form 2366.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Army National Guard (ARNG) on or about 27 November 1991 (the applicants ARNG records were not provided to the Board). He attended his initial active duty for training from 16 January to 19 March 1992 and was awarded the military occupational specialty of motor transport operator.
On 28 October 1992 the applicant enlisted in the Regular Army for 3 years in pay grade E-3. In conjunction with his enlistment he signed a DA Form 3286-67, Statement of Understanding, Army Policy, wherein he initialed the block indicating that he was enlisting for the MGIB.
The applicants records do not contain his DA Form 2366.
Title 38 U.S. Code, chapter 30, established eligibility requirements for participation in the Veterans' Educational Assistance Act of 1984 (New GI Bill). It provides that individuals who initially entered on an extended period of active duty on or after 1 July 1985 would be automatically enrolled in the program unless they opted to disenroll within a specific time frame established by the individual services. Once enrolled in the New GI Bill the individual's basic pay was reduced $100.00 per month for each of the first full 12 months of active duty and the deductions could not be refunded, suspended or stopped. An honorable discharge is required for receipt of entitlements, which amounts to $300.00 per month for 36 months, for individuals who completed at least 3 years of active duty.
In the processing of this case an advisory opinion (COPY ATTACHED) was obtained from the Total Army Personnel Command (PERSCOM). The PERSCOM stated that there are no provisions to refund MGIB contributions. The PERSCOM also stated that since the applicant was separated for service connected disability, he is entitled to 1 month of educational benefits for each month of active duty he served.
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 did not disenroll from the MGIB. As such, he was automatically enrolled and $100.00 a month was properly deducted from his pay.
2. Although the applicants contentions would lead one to believe that he never expressed any interest in the MGIB, the DA Form 3286-67 reveals that in fact he took affirmative action to enroll in the MGIB when he enlisted in the Regular Army.
3. Although there are no provisions to refund properly deducted MGIB contributions, the applicant is entitled to reduced educational benefits under the MGIB, as noted by the PERSCOM.
4. The applicants contention that he was in the military for about 12 months before MGIB contributions were deducted from his pay is true. However, this fact does not imply that an error occurred, as the applicants first 12 months in the military were served in the ARNG. Reservists and Guardsmen not on extended active duty do not have MGIB contributions deducted from their pay.
5. In view of the foregoing, there is no basis for granting the applicants 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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