RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 19 February 2004
DOCKET NUMBER: A2003089903
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 |
| |Mr. Edmund P. Mercanti | |Analyst |
The following members, a quorum, were present:
| |Mr. Raymond J. Wagner | |Chairperson |
| |Mr. Melvin H. Meyer | |Member |
| |Mr. Robert L. Duecaster | |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).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that her records be corrected to show that she
was given the Montgomery GI Bill (MGIB) Kicker.
2. The applicant states that she was entitled to the MGIB Kicker.
3. The applicant provides selected items from her military records and
school transcripts.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of injustice which occurred on
17 April 2000. The application submitted in this case is dated 26 April
2003.
2. Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice. This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so. In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.
3. The applicant enlisted in the Army National Guard (ARNG) on 17 April
2000 with no prior service.
4. She completed her initial entry training and was awarded the military
occupational specialty of helicopter repair specialist. On the date she
submitted her application, she was serving in the ARNG in pay grade E-4.
5. In the processing of this case, the MGIB Manager, New Hampshire ARNG,
was contacted. At that time, the MGIB Manager confirmed that the applicant
was, in fact, eligible for the MGIB Kicker at the time of her enlistment,
and provided a list of units which were approved for the MGIB Kicker
effective 1 April 2000.
DISCUSSION AND CONCLUSIONS:
1. While the MGIB Kicker is an incentive, not an entitlement, the
applicant should have been offered every incentive available to individuals
enlisting in her unit. The fact that the applicant was not offered the
MGIB Kicker effectively results in other members of her unit receiving a
benefit which she was not offered for the same commitment.
2. The MGIB Manager for the New Hampshire ARNG has confirmed, and has
provided substantiating documentation, that the applicant’s unit was
eligible for the MGIB Kicker at the time of her enlistment.
BOARD VOTE:
___rjw __ ____mhm ___rlw___ GRANT RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file. As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by showing that the applicant enlisted
for the MGIB Kicker on the date of her enlistment in the ARNG on 17 April
2000.
__________Raymond J. Wagner________
CHAIRPERSON
INDEX
|CASE ID |AR2003089903 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20040219 |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |128.05 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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