RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            15 SEPTEMBER 2005
      DOCKET NUMBER:   AR20050000187


      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. Jessie B. Strickland          |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Eric Anderson                 |     |Member               |
|     |Ms. Carol Kornhoff                |     |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 that his records be corrected by showing that he
is eligible for education assistance under the GI Bill.

2.  The applicant states, in effect, that his records were incorrectly
changed to reflect that his eligibility for participation in the education
assistance program was terminated on 8 April 2002, due to his failure to
participate satisfactorily.  He goes on to state that he submitted a
request for a transfer from a unit in Connecticut to a unit in Florida and
his losing unit incorrectly terminated his eligibility for benefits.  He
continues by stating that he is a college student who relies on his drill
pay to live on and he has now been informed that because he was terminated,
the Department of Veterans Affairs (DVA) is recouping the monies they paid
toward his education.  He also states that when he transferred to Florida,
he began drilling with the 345th Combat Support Hospital in Gainesville,
Florida, on 27 December 2001, and has continued to maintain his TPU status.
 He has also been promoted to the pay grades of E-5 and E-6 and has
attended both the Primary Leadership Development Course (PLDC) and the
Basic Noncommissioned Officer Course.

3.  The applicant provides copies of some of his drill sheets, his Notice
of Basic Eligibility, a copy of a pay inquiry dated 14 July 2002 regarding
the recoupment of his bonus payment that was taken during the June 2002 pay
period, a copy of the notice from the DVA informing him that he owed
$4,203.53 for education assistance benefits to which he was not entitled,
copies of electronic mail (e-mail) regarding his transfer, a copy of his
welcome letter to the unit and a copy of his request for transfer.

CONSIDERATION OF EVIDENCE:

1.  He enlisted in the United States Army Reserve (USAR) on 20 January 1999
for a period of 8 years, assignment to a Troop Program Unit (TPU) in
Connecticut, training as an operating room specialist, an enlistment bonus
and enrollment in the student loan repayment program.

2.  He successfully completed his training and was advanced to the pay
grade of E-4 on 1 April 2002.  On 29 June 2001, he submitted a Request for
Reserve Component Assignment or Attachment (DA Form 4651-R) in which he
requested transfer to a TPU near his new address in Palm Bay, Florida.

3.  On 17 December 2001, orders were published by the 94th Regional Support
Command (RSC) in Ayer, Massachusetts, which transferred him from his unit
in Connecticut to a TPU in Gainesville, Florida, his current assignment,
effective 17 December 2001.

4.  On 8 April 2002, orders were published by the RSC in Birmingham,
Alabama, which released the applicant from his unit in Gainesville and
transferred him to the USAR Control Group (Annual Training) effective 8
April 2002, due to unsatisfactory participation.  Additionally, his
eligibility for participation in the Education Assistance Program was
terminated the same date.

5.  Meanwhile, the applicant continued to drill with his unit and was
promoted to the pay grade of E-5 on 11 March 2003 and was subsequently
promoted to the pay grade of E-6, the grade he is currently serving in.

6.  On 21 April 2005, the unit administrator dispatched an email message to
Human Resources Command (HRC) – St. Louis informing officials that orders
had been erroneously published that assigned him to the USAR Control Group
and changed his GI Bill status.  He also indicated that the applicant had
never been an unsatisfactory participant.

7.  However, on 20 April 2005, the orders declaring him an unsatisfactory
participant had already been revoked by the publishing RSC.

8.  On 21 April 2005, officials at HRC – St. Louis notified the unit
administrator that the applicant’s GI Bill eligibility code had also been
changed to show he was eligible.

9.  A review of the applicant’s current DA Form 2A shows that he is
eligible.  However, the MGIB termination date of 8 April 2002 still
remains.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record clearly supports the applicant’s contention that
he was unjustly reported as an unsatisfactory participant and that his
entitlement to education assistance was erroneously terminated.

2.  While the unit has made an attempt to correct the error, it appears
that further correction in this matter is required.  The applicant’s
eligibility code has been changed in the appropriate system; however, the
erroneous termination date is still present and may continue to serve as a
basis by the DVA to deny his benefits.

3.  Accordingly, his records should be corrected by deleting/voiding the
termination date of his MGIB as indicated in Section VI, item 4 of his DA
Form 2A.

BOARD VOTE:

____JS__  ____EA _  __CK ___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by
deleting/voiding the termination date of his MGIB that is annotated in
Section VI, item 4 of his DA Form 2A.




            _____John Slone_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050000187                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/09/15                              |
|TYPE OF DISCHARGE       |N/A TPU USAR SM                         |
|DATE OF DISCHARGE       |N/A TPU USAR SM                         |
|DISCHARGE AUTHORITY     |N/A TPU USAR SM                         |
|DISCHARGE REASON        |N/A TPU USAR SM                         |
|BOARD DECISION          |(GRANT FULL RELIEF)                     |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |10189/ed benefits                       |
|1.103.0100              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]