| Mr. Carl W. S. Chun | Director | |
| M . Walter Avery | Analyst |
| Mr. John H. Kern | Chairperson | |
| Ms. Margaret V. Thompson | Member | |
| Mr. Melvin H. Meyer | Member |
APPLICANT REQUESTS: That she be reimbursed under the Army’s tuition assistance (TA) program for expenses that she incurred under the belief that she was eligible for the Montgomery GI Bill (MGIB).
APPLICANT STATES: That upon enlisting in the Army in 1995, she enrolled in the MGIB. By 1996, she had paid the $1200.00 for enrollment in the MGIB. In 1999, she enrolled in classes at Georgia Military College and attempted to utilize the MGIB, but was denied because she had been a prior service enlistee. This was the first time she had been informed that her prior service made her ineligible for the MGIB. She is receiving help from the US Army Total Personnel Command (PERSCOM) in obtaining reimbursement of the $1200.00 she paid into the MGIB. If she had utilized TA the Army would have paid 75% of the cost of tuition, which was $530.00, therefore, she is requesting reimbursement in the amount of $397.50.
In support of her request, she submits a copy of her 1 – 31 March 1996, leave and earning statement that reflects her debt of $1200.00 to the MGIB had been paid; a promissory note indicating her debt to Georgia Military College for $530.00. Also submitted is a letter from (PERSCOM) stating that a discrepancy in the MGIB enrollment of the applicant was declared. As an exception to policy, the applicant was disenrolled from the MGIB and all money refunded.
EVIDENCE OF RECORD: The applicant's military records show:
She enlisted into the Marine Corps on 12 September 1989, was trained as a legal service specialist, achieved the rank of E-3, and was honorably discharged on 21 October 1991.
On 30 November 1994, she initialed DA Form 3286-67 (Statement of Understanding) in connection with her enlistment processing to authenticate that she was aware that she was not eligible for the MGIB.
She enlisted into the Regular Army on 24 March 1995, at the rank of E-3, was trained as an unit supply specialist and is currently on active duty.
Chapter 30, Title 38 of the US Code established eligibility requirement for participation in the Veterans' Educational Assistance Act of 1984 (New GI Bill). It provided that individuals who entered an initial 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 could not be refunded, suspended, or stopped. An honorable discharge is required for receipt of entitlements, which amounted to $300.00 per month for 36 months, for individuals who completed at least 3 years of active duty.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. The applicant states that the first time she was informed that she was not eligible for the MGIB was after applying for the benefits. However, her records indicate that prior to her entry on active duty she acknowledged on the appropriate enlistment document that she was not eligible for the MGIB. The applicant should have taken action to prevent enrollment as soon as the MGIB enrollment processing began. It appears that the applicant significantly contributed to her erroneous enrollment into the MGIB and nonuse of the TA program. Therefore, her application must be denied.
2. Inasmuch as she was ineligible for the MGIB (and evidence available suggests she should have been aware of that fact) it would be inappropriate to approve her request for reimbursement of tuition at Georgia Military College.
3. 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
___jhk __ ___mvt__ __mhm__ DENY APPLICATION
| CASE ID | AR2001054011 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20010417 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 110.02 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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