APPLICANT REQUESTS: That she be issued a Notice of Basic Eligibility (NOBE) so she may receive educational benefits under the Montgomery G.I. Bill (MGIB).
APPLICANT STATES: That she was told when she reenlisted while serving on active duty in the Active Guard and Reserve (AGR) program that she could not enlist for the MGIB as all individuals in the AGR program are automatically enrolled for that incentive. However, when she applied for MGIB benefits she was told that she was not entitled to MGIB benefits since she did not enlist for that incentive.
EVIDENCE OF RECORD: The applicant's military records show:
She enlisted in the USAR for 3 years on 26 June 1974 and was honorably discharged on 25 June 1977 at the expiration of her term of service.
She had a break in service until her 3-year enlistment in the USAR on 25 June 1978. She served through a reenlistment, being promoted to pay grade E-5, and was voluntarily ordered to active duty in the AGR program on 13 July 1981. She remained on active duty, served through extensions of her enlistment, and was promoted to pay grade E-7. On 3 April 1990 she reenlisted for 6 years. She remained on active duty until 30 December 1993, at which time she was involuntarily released from active duty and transferred to the USAR Control Group due to weight control failure. She had a total of 12 years, 8 months and 22 days of active service.
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 Army National Guard (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, a Notice of Basic Eligibility (NOBE) if he or she enlists, reenlists or extends an enlistment for not less than 6 years.
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.
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 met all the criteria for MGIB eligibility except for the date of her initial entry into an Armed Force.
2. Since she initially enlisted in the USAR prior to 30 June 1985, she was not eligible for the MGIB and was properly not given an NOBE when she reenlisted.
3. In view of the foregoing, there is no reason to grant 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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