RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 15 August 2006
DOCKET NUMBER: AR20060000487
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. Wanda L. Waller | |Analyst |
The following members, a quorum, were present:
| |Ms. Shirley Powell | |Chairperson |
| |Ms. Rose Lys | |Member |
| |Mr. John Heck | |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 entitlement to the Montgomery GI Bill (MGIB).
2. The applicant states, in effect, that one of the reasons he enlisted
was for the MGIB. He contends that when he left active duty the first
time, he was told everything was fine and that he had earned the MGIB. He
points out that he did not sign up for the MGIB on his last two enlistments
because he was not eligible. However, subsequently he has been told that he
did not sign up for the MGIB and that he did not put the money in the fund.
He claims he tried to fix the situation by providing a DD Form 2366
(Montgomery GI Bill Act of 1984) which shows he was automatically enrolled
in the MGIB effective 2 February 1998.
3. The applicant provides a copy of his enlistment contract which includes
a DD Form 2366 which shows he was automatically enrolled in the MGIB
effective
2 February 1998.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the U.S. Army Reserve on 2 February 1998
under the delayed entry program. His service personnel records contain a
DD Form 2366 which shows that, on 2 February 1998, he understood he was
automatically enrolled in the MGIB unless he exercised the option to
disenroll by signing item
4 (Statement of Disenrollment) below by the date designated by his
Services. He also understood that unless he disenrolled from the MGIB, his
basic pay would be reduced $100 per month or the current monthly rate for
each of the first 12 full months of active duty and this basic pay
reduction could not be refunded, suspended or stopped.
2. The applicant enlisted in the Regular Army on 5 March 1998. On 9 March
1998, the applicant signed item 4 on the DD Form 2366 disenrolling from the
MGIB. He served as an indirect fire infantryman, and was released from
active duty on 4 March 2001.
3. Records at the Defense Finance and Accounting Service (DFAS) show the
applicant’s basic pay was not reduced by $100 each month for the MGIB
during his first 12 months on active duty.
DISCUSSION AND CONCLUSIONS:
Although the applicant contends that he enrolled in the MGIB, his records
contain a DD Form 2366 which shows he signed item 4 disenrolling from the
MGIB. In addition, records at DFAS show his basic pay was not reduced for
the MGIB during his first 12 months on active duty. It appears the
applicant should have noticed this MGIB allotment was not taken out of his
pay. The preponderance of evidence of record in this case shows the
applicant elected not to participate in the MGIB. Therefore, there is no
basis for granting the applicant’s request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
SP_____ _RL_____ _JH_____ 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.
____Shirley Powell____
CHAIRPERSON
INDEX
|CASE ID |AR20060000487 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20060815 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. |128.1400 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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