| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy Amos | Analyst |
| Mr. Walter T. Morrison | Chairperson | |
| Mr. Curtis L. Greenway | Member | |
| Ms. Regan K. Smith | Member |
APPLICANT REQUESTS: It cannot be determined what type of record correction the applicant is requesting but possibly a change in his character of service.
APPLICANT STATES: That he believes he is being unjustly denied the G.I. Bill. He contends that VA Form 20-8993 states that if he were discharged for a pre-existing medical condition he would still be able to receive the benefits. He does not provide the VA Form 20-8993 or any other supporting evidence.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army on 7 March 2001 in part for the Montgomery G.I. Bill Educational Incentive Program.
On 11 June 2001, the applicant was discharged under the provisions of Army Regulation 635-200, paragraph 5-11 for failing to meet procurement medical fitness standards. He had completed 3 months and 5 days of creditable active service and was given an uncharacterized description of service.
Army Regulation 635-200 sets the policy and prescribes procedures for separating enlisted members. In pertinent part, it states that unless the reason for separation requires a specific characterization, a soldier will be awarded an uncharacterized description of service if in an entry-level status. (For Regular Army soldiers, entry-level status is the first 180 days of continuous active duty.)
The Department of Veterans Affairs pamphlet, Federal Benefits for Veterans and Dependents, 1998 edition states that the Montgomery G.I. Bill (Active Duty) provides a program of education benefits to individuals who enter active duty for the first time after 30 June 1985 and receive an honorable discharge. Service members have their military pay reduced by $100 a month for the first 12 months of active duty. This money is not refundable.
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. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
2. Given the reason for the applicant’s separation and the length of time he served on active duty, the uncharacterized description of service he received was appropriate.
3. The applicant did not provide a copy of the VA For 20-8993 he mentions; however, the Army has no jurisdiction over the Department of Veterans Affairs. It appears he should be directing his request to that Department for an exception to policy.
4. 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
__wtm___ __clg___ __rks___ DENY APPLICATION
| CASE ID | AR2002067559 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020402 |
| TYPE OF DISCHARGE | UNCHAR |
| DATE OF DISCHARGE | 20010611 |
| DISCHARGE AUTHORITY | AR 635-200, para 5-11 |
| DISCHARGE REASON | A04.00 |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 110.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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