RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 21 February 2008
DOCKET NUMBER: AR20080000997
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.
Ms. Catherine C. Mitrano
Director
Ms. Deyon D. Battle
Analyst
The following members, a quorum, were present:
Ms. Margaret K. Patterson
Chairperson
Ms. Sherri V. Ward
Member
Mr. Jeffrey C. Redmann
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 her records be corrected to show that she elected to participate in the program Montgomery GI Bill (MGIB).
2. The applicant states that she joined the Army more than 3 years ago to serve her country and to expand her education. She states that she recently found a DD Form 2366 (Montgomery GI Bill Act of 1984) with her signature in the decline signature block. She states that she is entitled to MGIB benefits as she already paid into the program. The applicant states that she was not aware of the error until a few weeks ago when she called the MGIB helpdesk to ask a few questions about her benefits. She states that she was told that she needed to have the DD Form 2366 fixed so she would not have any issues when she applied for her education benefits. She states that she would like to have this issue corrected before she separates from the service.
3. The applicant provides a witnessed copy of a DD Form 2366 dated 26 April 2004, showing her option not to participate in the MGIB; a copy of an un-witnessed DD Form 2366 that she completed on 7 December 2007, showing where she should have signed to elect participation in the MGIB; a copy of her Leave and Earning Statement (LES) for the period covering 1-28 February 2005; and a copy of a VA Form 22-1990 (Department of Veterans Affairs (VA) Application for VA Education Benefits).
CONSIDERATION OF EVIDENCE:
1. On 29 March 2004, the applicant enlisted in the United States Army Reserve (USAR) in Sacramento, California, for 8 years, in the pay grade of E-1. She enlisted in the Regular Army (RA) for 4 year on 20 April 2004.
2. On 26 April 2004, the applicant completed a DD form 2366 indicating that she did not desire to participate in the MGIB. She also indicated that she understood that she would not be able to enroll at a later date.
3. The LES that the applicant submitted in behalf of her request indicate that for the period covering 1-28 February 2005, she paid $100.00 into the MGIB program.
4. On 29 August 2007, the applicant extended her 4-year enlistment in the RA for an additional 5 months.
5. The applicant completed a second DD Form 2366 on 7 December 2007, indicating her desire to participate in the MGIB program. Both DD Forms 2366 are file in her official military file.
6. On 7 December 2007, the applicant completed an Application for VA Education Benefits. Her application, along with her DD Form 2366 dated 7 December 2007, were submitted to the Department of Veterans Affairs for consideration.
7. Information obtained from the Defense Finance and Accounting Service indicates that, as of this date, the applicant has paid $1200.00 towards the MGIB program.
8. The MGIB, as outlined in Title 38, United States Code, chapter 30, section 1411(b), provides for Soldiers who entered the service after 30 June 1985, to be automatically enrolled and to contribute $1,200.00 during their first 12 months service, which is nonrefundable. After completion of their service obligation, he or she is entitled to receive up to $300.00 per month educational benefits for 36 months. The program is administered by the Department of Veterans Affairs. VA regulations specify that if a Soldier is separated prior to the normal expiration of his or her term of service, the separation must be for hardship, medical disability, or for the convenience of the government. Additionally, he or she must have served in excess of 20 months for an enlistment of less than 3 years, and in excess of 30 months for an enlistment of 3 years or more. In all cases, the Soldiers service must be considered fully honorable.
DISCUSSION AND CONCLUSIONS:
1. The available record indicates that applicant initially opted not to participate in the MGIB program.
2. However, although she opted not to participate in the MGIB program at the time of enlistment, the enrollment amount was automatically deducted from her pay each month at a rate of $100.00 per month until she had contributed the $1200.00 required by law, which is nonrefundable.
3. Therefore, as a matter of equity, it would be appropriate to correct the applicant's record to show that she elected to participate in the MGIB program at the time of her enlistment in the RA.
BOARD VOTE:
__MKP__ __SVW__ __JCR __ 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:
a. voiding the DD Form 2366 dated 7 December 2007; and
b. amending the DD Form 2366 dated 26 April 2004, to show that she elected to participate in the MGIB program at the time of her enlistment in the RA.
____M. K. Patterson_____
CHAIRPERSON
INDEX
CASE ID
AR20080000997
SUFFIX
RECON
DATE BOARDED
20080221
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1. 23
103.0000/EDUCATION
2. 1018
103.0100/EDUCATION BENEFITS
3.
4.
5.
6.
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