| Mr. Carl W. S. Chun | Director | |
| Mr. Edmund P. Mercanti | Analyst |
| Mr. Walter T. Morrison | Chairperson | |
| Mr. Christopher J. Prosser | Member | |
| Ms. Yolanda Maldonado | Member |
APPLICANT REQUESTS: That the date he signed his Montgomery G.I. Bill (MGIB) Kicker Incentive (Statement of Understanding), be corrected from 17 April 2002, to 6 August 2001.
APPLICANT STATES: He was promoted to the rank of Cadet, pay grade E-5, on 6 August 2001, the date he was acknowledged as being a member of the Reserve Officer Training Corps Simultaneous Membership Program (ROTC/SMP). That was the date he should have executed the MGIB Kicker Addendum. He has received payments under the MGIB, but not under the MGIB Kicker. He contends that his MGIB Notice of Basic Eligibility (NOBE) and his MGIB Kicker Addendum should have been signed the same day.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army on 5 August 1999. In conjunction with his enlistment he was given up to $65,000.00 in student loan repayment. He was awarded the military occupational specialty of field artillery surveyor, and was promoted to pay grade E-3.
On 5 August 2001, the applicant was honorably released from active duty due to his enlistment in the ROTC the following day.
On 30 October 2001, the applicant accepted assignment to an Army National Guard (ARNG) unit under the ROTC/SMP. He was promoted to the rank of cadet, pay grade E-5, that date.
On 8 December 2001, the applicant completed a NOBE.
On 17 April 2002, the applicant completed Annex K to DD Form 4, Statement of Understanding (SOU), The Army National Guard (ARNG) Montgomery GI Bill (MGIB) Kicker Incentive, NGB Form 5435-R.
Congress enacted the MGIB to provide educational assistance for members of the various components of the Armed Forces of the United States. Chapter 9, Army Regulation 140-111, and National Guard Regulation (NGR) 600-200, outlines the requirements and procedures for Army Reserve (USAR) and ARNG
soldiers who are members of the Selected Reserve (assignment to a USAR/ARNG unit or an Individual Mobilization Augmentee) to become eligible for MGIB benefits. Reservists with less than 3 years remaining on their current enlistment contract are required to reenlist for 6 years to become eligible for the MGIB. Reservists with more than 3 years but less than 6 years remaining on their current enlistment contract are required to extend their enlistment to provide for a remaining term of total USAR/ARNG service of at least 6 years to become eligible for the MGIB. The date of eligibility for MGIB benefits, as controlled by the Department of Veterans Affairs (DVA), is the date of reenlistment or extension. This date must be entered on the DD Form 2384, in item 10, and must be reported to the VA through the USAR Automated Personnel Management System.
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 MGIB Kicker is an enlistment incentive, and is required to be executed at the time of the soldier’s enlistment or, in the case of Guardsmen, extension of their enlistment. That is why the title of the addendum is Annex K to DD Form 4. The DD Form 4 is the reservist’s or guardsmen’s enlistment contract.
2. The applicant enlisted in the ROTC on 6 August 2001. At that time he was not a member of the Select Reserve, so he was not eligible for the MGIB Kicker. Accordingly, he was not offered that incentive at that time.
3. The applicant became a member of the Select Reserve on 30 October 2001. He did not execute any enlistment or extension contract at that time. Since he did not execute a new enlistment contract, he could not have executed an enlistment contract addendum, which is what the MGIB Kicker contract is, as previously discussed.
4. As such, it would appear that the applicant was allowed to execute an MGIB Kicker addendum in error.
5. 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
___cjp___ ___wtm__ ___ym __ DENY APPLICATION
| CASE ID | AR2002075428 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20030130 |
| 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. | |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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