PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 16 May 2002
         DOCKET NUMBER: AR2002066637


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Mrs. Nancy Amos		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Mr. Roger W. Able		Member
Ms. Paula Mokulis		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

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2. The applicant requests, in effect, that his records be corrected to show he completed his full 3-year enlistment.

3. He states that he is being denied his Montgomery GI Bill. He applied for an early out so he could attend college. If he had been told that by taking an early out he would not be eligible for these benefits, he would have completed his enlistment and begun classes in January 2002. He also paid into the Army College Fund so that once in college he would not have to worry about how he was going to pay for his education.

4. The applicant's military records show that he enlisted in the Regular Army on 1 October 1998 for 3 years. He enlisted for the Army College Fund in the amount of $33,000. He indicated on the Statement of Understanding United States Army Incentive Enlistment Program, DA Form 3286-66, that he understood that he must remain enrolled in the GI Bill to retain this incentive. He enrolled in the GI Bill by completing a DD Form 2366, Montgomery GI Bill Act of 1984 (MGIB). Item c(4) informed him that he must complete 36 months of active duty service before he was entitled to the current rate of monthly benefits for a period of 36 months. Item c(6) informed him that he must complete 24 months of active duty service and must join and serve honorably in the Selected Reserve for a minimum of 48 months in order to receive the current rate of monthly benefits for members who completed 36 months of service.

5. On 3 May 2001, the applicant requested early separation to further his education. His request was approved and he was released from active duty and transferred to the U. S. Army Reserve (USAR) Control Group (Reinforcement) on 10 August 2001 under the provisions of Army Regulation 635-200, paragraph 5-17, early separation to further education. He had completed 2 years, 10 months, and 10 days of creditable active service with no lost time. There is no evidence of any disciplinary actions taken against the applicant. His Personnel Qualification Record, DA Form 2-1, does not indicate he was disqualified from award of the Army Good Conduct Medal nor is there evidence elsewhere in his Official Military Personnel File to indicate he was disqualified.

6. The applicant applied for benefits under the Montgomery GI Bill. By letter dated 19 October 2001, the Department of Veterans Affairs informed him that his claim was denied because he did not meet the eligibility requirements. One of the requirements was to have completed at least 3 years of continuous active duty. This service requirement is reduced for persons who completed 2 years of active duty and, within one year of separation from that service, entered a reserve or guard unit under an obligation to serve at least 4 years in the Selected Reserve.

7. The Army College Fund is a savings plan for continuing education. A soldier who chooses to participate will contribute an amount of each month’s pay. In return, the Government will match each dollar saved at a ratio of two-for-one, tax-free. The Army will then award a tax-free incentive of another amount, depending on the length of enlistment. One of the eligibility requirements is to meet the eligibility requirement for the MGIB. Since the Army College Fund is linked to eligibility for the MGIB, the same rules apply.

8. Army Regulation 140-10 prescribes policies to assign or transfer USAR soldiers. It states that the Selected Reserve consists of soldiers assigned to troop program units, the Control Group (Individual mobilization Augmentation), and the Control Group (Active Guard Reserve (AGR)). The Individual Ready Reserve is comprised of soldiers assigned to various control groups including the Control Group (Annual Training) and the Control Group (Reinforcement).

9. Army Regulation 600-8-22 prescribes Army policy and criteria concerning individual military awards. It provides that the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This period is normally 3 years. For the first award only, qualifying service of less than 3 years but more than 1 year upon termination of service is creditable towards the award. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. In instances of disqualification as determined by the unit commander, the commander will prepare a statement of the rationale for his or her decision. This statement will include the period of disqualification and will be referred to the individual concerned for response. The unit commander will consider the affected individual’s statement. If the commander’s decision remains the same, the commander will forward his or her statement, the individual’s statement, and his or her consideration for filing in the individual’s Military Personnel Records Jacket (MPRJ), DA Form 201. The custodian of the MPRJ will forward these documents for permanent filing in the individual’s OMPF. The immediate commander’s decision to award the Army Good Conduct Medal will be based on his or her personal knowledge and of the individual’s official records for the periods of service under previous commanders during the period for which the award is to be made. The lack of official disqualifying comment by such previous commanders qualifies the use of such period toward the award by the current commander.

CONCLUSIONS:

1. The applicant was informed, when he signed the DD Form 2366, that he must complete 36 months of active duty service or that he must complete 24 months of active duty service and must join and serve honorably in the Selected Reserve for a minimum of 48 months in order to receive the current rate of monthly benefits for members who completed 36 months of service. The Department of Veterans Affairs gave him further information that he has one year from his date of separation to enter into a 4-year obligation with the Selected Reserve. The applicant separated on 10 August 2001, he has until 9 August 2002 to enlist in the Selected Reserve for 4 years in order to regain eligibility for the MGIB and Army College Fund. He provides no evidence to show that he has done so.

2. It appears the applicant met the eligibility criteria for award of the Army Good Conduct Medal. He served over 2 years of active duty on his initial enlistment, there is no record of any disciplinary actions taken against him, and there is no record that he was disqualified for award of the Army Good Conduct Medal. It would be appropriate at this time to award it to him.

3. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by awarding the applicant the Army Good Conduct Medal for the period 1 October 1998 through 10 August 2001 and by amending his Certificate of Release or Discharge from Active Duty, DD Form 214, to add the Army Good Conduct Medal.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

__fne___ __rwa___ __pm____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Fred N. Eichorn
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2002066637
SUFFIX
RECON
DATE BOARDED	20020516
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	110.01
2.
3.
4.
5.
6.