RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 8 September 2005
DOCKET NUMBER: AR20040011563
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 |
| |Ms. Beverly A. Young | |Analyst |
The following members, a quorum, were present:
| |Mr. William Powers | |Chairperson |
| |Mr. John Meixell | |Member |
| |Mr. Larry Olson | |Member |
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 correction of his records to show he elected to
participate in the Montgomery G.I. Bill (MGIB).
2. The applicant states that he was misinformed concerning the MGIB at the
time he signed his enlistment contract. He was to be awarded $33,000 from
the Army College Fund and was not told that he had to participate in the
MGIB program in order to receive the money.
3. The applicant provides a supplemental letter and his DD Form 214
(Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the U.S. Army Reserve under the delayed entry
program on 3 April 2001. He enlisted for military occupational specialty
11X (Infantry) and airborne training.
2. The applicant's DA Form 3286-59 (Statement of Enlistment) shows he
enlisted for the U.S. Army Incentive Enlistment Program – Army College Fund
for up to $33,000 and a Cash Bonus.
3. His DA Form 3286-66 (Statement of Understanding-United States Army
Incentive Enlistment Program), indicates he acknowledged and understood
that he was enlisting for incentives of a Cash Bonus in the amount of
$12,000 and the Army College Fund for up to $33,000. Item 3 on the DA Form
3286 states, "If the incentive in 1a above is U.S. Army College Fund (ACF),
I will be awarded the amounts indicated below, as they apply to the term I
am enlisting for: (I MUST REMAIN ENROLLED IN THE GI BILL TO RETAIN THIS
INCENTIVE.)."
4. The applicant signed a DD Form 2366 (MGIB Act of 1984) dated 3 April
2001 indicating that he was eligible for the MGIB based on his initial
entry on active duty after 30 June 1985. Section 2 (Statement of
Understanding), item c(2), indicates that the applicant understood that he
was automatically enrolled in the MGIB unless he exercised the option to
disenroll by signing Item 4 below by the date designated by his Services.
He accepted enrollment in the MGIB.
5. The applicant enlisted in the Regular Army on 23 April 2001 for a
period of three years.
6. The applicant signed a second DD Form 2366 dated 26 April 2001
indicating that he declined to participate in the MGIB. Under Item 4
(Statement of Disenrollment) of the DA Form 2366, it states, "I understand
that I WILL NOT be able to enroll at a later date."
7. The applicant was honorably released from active duty on 22 April 2004
at the completion of his required active service. He was transferred to
the U.S. Army Control Group (Reinforcement) to complete his Reserve service
obligation.
DISCUSSION AND CONCLUSIONS:
1. The applicant enlisted for training in MOS 11X, a cash enlistment bonus
for $12,000 and the Army College Fund for up to $33,000. On 3 April 2001,
he signed a DD Form 2366 indicating that he wanted to be automatically
enrolled in the MGIB.
2. The applicant's Statement of Understanding-United States Army Incentive
Enlistment Program clearly stated that if the incentive was the Army
College Fund, he must remain enrolled in the MGIB in order to receive the
incentive.
3. On 26 April 2001, he signed a second DD Form 2366 indicating that he
declined to participate in the MGIB. At the time of his disenrollment from
the MGIB, he acknowledged that he would not be able to enroll at a later
date.
4. Based on the foregoing, there is no error or injustice in this case.
Therefore, there is no basis for granting his request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
WP______ JM______ LO______ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable
error or injustice. Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.
William Powers________
CHAIRPERSON
INDEX
|CASE ID |AR20040011563 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20050908 |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY |Mr. Chun |
|ISSUES 1. |112.0000 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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