IN THE CASE OF:	  

		BOARD DATE:	        31 July 2008

		DOCKET NUMBER:  AR20080005867


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his records be corrected to show that he participated satisfactorily as a member of the Selected Reserve and qualified for the Montgomery GI Bill – Selected Reserve (MGIB-SR) program.

2.  The applicant states he has been denied MGIB-SR benefits by the DVA (Department of Veterans Affairs) because his record shows "unsatisfactory participation."  However, he states he fulfilled his contract obligations and received an honorable discharge.

3.  The applicant provides:

	a.  A 26 January 2008 letter.

	b.  A County of San Bernardino (CA) Department of Veterans Affairs 2-page document, dated 29 January 2008.

4.  The applicant states he provides his discharge orders and certificate and a DA Form 3540-R (Certificate and Acknowledgment of US Army Reserve Service Requirements and methods of Fulfillment); however, these documents were not provided.  His discharge orders and his DA Form 3540-R were obtained from his Integrated Personnel Electronic Records Management (iPERMS) records.


CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the US Army Reserve for 8 years on 26 September 1998 for assignment to a Troop Program Unit (TPU), the 806th Adjutant General (Postal) Company.  At enlistment, he completed DA Form 5435-R for the MGIB-SR program and DA Form 3540-R acknowledging requirements for satisfactory participation.  

2.  The applicant performed Inactive Duty Training (IDT) with his TPU beginning on 17 October 1998.  On 22 June 1999, he reported to Fort Sill. OK for Initial Active Duty for Training (IADT).  He underwent basic training from 22 June 1999 through 4 September 1999.

3.  The applicant returned to his USAR TPU and attended required IDT drills from 11 September 1999 through 10 June 2000.  On 30 June 2000, his iPERMS Retirement Points Detail shows that he once again entered active duty for training and served on active duty through 12 August 2000.  Although the record does not indicate the reason for this period of active duty, it would appear that the applicant was completing his Advanced Individual Training (AIT) to qualify in a military occupational specialty (MOS).

4.  The 806th Adjutant General (Postal) Company (minus) was activated for Operation Iraqi Freedom (OIF).  The applicant entered active duty on 10 February 2003 and served with his unit in Iraq as part of the 377th Theater Support Command, V Corps.  He completed his active duty tour on 3 May 2004.

5.  On 21 May 2005, having completed 6 years in the Selected Reserve, the applicant requested transfer to the USAR Control Group (Reinforcement).  Orders 05-141-00005, Headquarters, 63rd Regional readiness Command, Los Alamitos, CA, dated 21 May 2005, transferred the applicant from the 806th Adjutant General (Postal) Company to the USAR Control Group (Reinforcement) effective 21 May 2005.

6.  Orders D-09-622951, US Army Human Resources Command, St. Louis, MO, dated 26 September 2006, honorably discharged the applicant from the USAR.

7.  On an unknown date, the applicant applied for MGIB-SR program benefits and was denied.  A document from his Total Army Personnel Data Base (TAPDB) indicated his MGIB status as "ELIG TERMINATED-FAILED TO PARTICIPATE SATISFACTORILY" and showed an MGIB eligibility start date of 2000/08/13 and an MGIB eligibility termination date of 2005/05/21.  In a letter 

from the San Bernardino (CA) Department of Veterans Affairs dated 29 January 2008, he was informed that he would have to submit a DD Form 149 (Application for Correction of Military Records) in order to establish his eligibility for the MGIB-SR program.

8.  Title 10 USC §1606 provides for the MGIB-SR program.  It establishes eligibility for chapter 1606 benefits if the following requirements are met:

	a.  Incur a 6-year Selected Reserve Obligation.

	b.  Complete IADT (Initial Active Duty for Training).

	c.  Maintain Selected Reserve Status by serving in a drilling Selected Reserve unit and remain in good standing.

	d.  Complete High School by obtaining a high school diploma or equivalency certificate before making application for benefits.

9.  Further, Title 10 USC §1606 provides that the Reserve Components determine eligibility for Chapter 1606 benefits.  The DVA does not make decisions about eligibility and cannot make payments until the Reserve Component has determined eligibility and notified the DVA.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his records be corrected to show he participated satisfactorily as a member of the Selected Reserve and qualified for the Montgomery GI Bill – Selected Reserve (MGIB-SR) program.

2.  The applicant's Education Assistance entry in the iPERMS database shows that he only served 4 years, 9 months, and 9 days of qualifying service in the Selected Reserve when the MGIB-SR program requires 6 years.  He was, therefore, determined to have failed to participate satisfactorily.

3.  The applicant's iPERMS TAPDB entry shows an eligibility start date of 13 August 2000; this is the day after the applicant returned from his second period of active duty for training, ostensibly to complete AIT.  It appears the applicant completed IADT on a split training option, that is he entered active duty for basic training, and then went back to his TPU for a period of time before re-entering active duty to complete AIT.


4.  There is no indication in the applicant's available records to show that he enlisted specifically for the split training option.  It is more likely he was required to complete his IADT in that fashion because of the unit's inability to accomplish all IADT during the same active duty period.  Had he been able to go directly from basic training to AIT, the applicant would have completed his IADT much earlier than 12 August 2000.

5.  The applicant's iPERMS record shows he was a good Soldier who served a total of 449 days on active duty in support of OIF, and that he spent a portion of that active duty period in Iraq.  It is unjust and inequitable that he is being deprived of his MGIB-SR benefits because of the vagaries of scheduling his IADT.  It would, therefore, be appropriate to show that he completed his IADT requirement on 22 May 1999, vice 12 August 2000, and that he had 6 years of satisfactory participation in the Selected Reserve on 21 May 2005, thus qualifying him for the MGIB-SR program.

BOARD VOTE:

__xxx___  __xxx___  __xxx___  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 showing that his MGIB eligibility start date was 22 May 1999 and his MGIB eligibility termination date was 21 May 2005, for 6 years of satisfactory service in the Selected Reserve, making him eligible for the MGIB-SR.



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      _______ _   _______   ___
       	   CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont)                                         AR20080005867



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ABCMR Record of Proceedings (cont)                                         AR20080005867



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