APPLICANT REQUESTS: In effect, that the reason for her separation be corrected to a reason which would allow her use of her Montgomery G.I. Bill (MGIB) educational benefits.
APPLICANT STATES: That she was told by the educational counselor on post that if she accepted a separation due to parenthood that she would receive 1 month of educational benefits for every month she served on active duty. However, when she applied for MGIB benefits she was told that the policy had been changed regarding who was eligible for MGIB benefits. She claims she was told that individuals separated by reason of parenthood are no longer eligible for benefits.
EVIDENCE OF RECORD: The applicant's military records show:
She enlisted in the Regular Army for 5 years with no prior service on 18 February 1992.
On 6 October 1993 the applicant submitted a request for separation from active duty due to parenthood.
That request was approved and the applicant was honorably released from active duty and transferred to the USAR Control Group (Annual Training) on 13 December 1993 by reason of parenthood.
The MGIB, as outlined in Title 38, United States Code, chapter 30, section l411(b), provides for soldiers who entered the service after 30 June l985, to be automatically enrolled into the MGIB and to contribute $l,200.00 during their first l2 months service, which is nonrefundable. After completion of their service obligation, he or she is entitled to receive up to $300.00 per month educational benefits for 36 months. The program is administered by the Department of Veterans Affairs (VA). VA regulations specify that if a soldier is separated prior to the normal expiration of his or her term of service, the separation must be for hardship, medical disability or for the convenience of the government. Also, for convenience of the government separations, he or she must have served in excess of 20 months for an enlistment of less than 3 years, and in excess of 30 months for an enlistment of 3 years or more. In all cases, the soldiers service must be considered fully honorable.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:
1. The applicant had requested separation due to parenthood, that request was approved, and she was released from active duty due to parenthood. There is no error alleged or shown in the applicants type of separation.
2. Therefore, the applicants problem is not with the type of separation issued to her by the Army, but with the laws and regulations of the VA. Those concerns must be addressed to that Department.
3. The Boards purpose is not to correct a record to conform to regulatory or statutory guidelines, which in turn establishes an individuals eligibility for a benefit to which he or she would not otherwise be entitled.
4. In view of preceding, 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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