IN THE CASE OF:
BOARD DATE: 1 September 2009
DOCKET NUMBER: AR20090004553
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 correction of his military pay records to restore monies wrongfully deducted for participation in the Montgomery GI Bill (MGIB). The applicant requests to personally appear before the Board.
2. The applicant states that upon his initial entry into the Army he opted not to participate in the MGIB. The Defense Finance and Accounting Service (DFAS) withheld $100.00 per month for a period of 12 months. He submitted multiple claims to DFAS for reimbursement, even while still on active duty. He was continuously passed between the installation finance office, education office, and the Department of Veterans Affairs but never got any resolution from DFAS.
3. The applicant provides copies of his DD Form 2366 (MGIB Act of 1984) and his DFAS Leave and Earnings Statements from 1 February 1997 through 31 January 1998 in support of his application.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. During the period from August 1992 to May 1996, the applicant was enrolled in the Reserve Officers' Training Corps (ROTC) at Western Kentucky University. He had received a 2-year Category II scholarship which was terminated in January 1996 for academic deficiency. He was discharged from ROTC in June 1996. Accordingly, he incurred a debt to the U.S. Government and had the option to either repay the monies or be ordered to active duty. His initial option was to repay the debt.
3. In December 1996, the applicant was granted a Bachelor of Science Degree from Western Kentucky University.
4. On 26 August 1996, the applicant enlisted in the U.S. Army Reserve for a period of 8 years in the rank of private first class, pay grade E-3. As part of his contract, he completed DD Form 2366 stating that he did not desire to participate in the MGIB and that he understood that he would not be able to enroll at a later date.
5. On 6 January 1997, the applicant enlisted in the Regular Army for 4 years. He completed his initial training and was awarded military occupational specialty 11B (Infantryman).
6. The applicant's DFAS Leave and Earnings Statements for the period from 1 February 1997 through 31 January 1998 show that $100.00 per month for 12 months was deducted from his military pay for the purpose of MGIB enrollment.
7. In June 2000, the applicant applied to this Board for relief of his ROTC debt to the U.S. Government based on his active duty service. The Board granted him full relief to include a refund of any monies already paid towards the debt.
8. On 10 March 2005, the applicant was released from active duty due to completion of required service. He had attained the rank of staff sergeant, pay grade E-6, and had completed 8 years, 2 months, and 5 days of creditable active duty service.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he declined participation in the MGIB and that monies deducted from his Army pay should be refunded.
2. The applicant requested a personal appearance before the Board; however, since there is sufficient evidence on the record to fully consider this case, a formal hearing is not warranted.
3. The available evidence shows that the applicant declined participation in the MGIB at the time of his enlistment. Therefore, his military pay should not have been reduced for the purpose of paying MGIB premiums.
4. In view of the above, the applicant's request should be granted.
BOARD VOTE:
____x____ ____x____ _____x___ 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. showing that he properly completed the DD Form 2366 declining to participate in the MGIB in a timely manner and showing that his DD Form 2366 was received in and processed by the appropriate office in a timely manner;
b. auditing his DFAS records and refunding all monies deducted for the purpose of paying MGIB premiums and
c. paying the applicant any monies due him as a result of this correction and subsequent audit of his pay records.
____________x_____________
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) AR20090004553
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090004553
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
AF | BCMR | CY2007 | BC-2006-03220
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-03220 INDEX CODE: 100.00 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 22 APRIL 2008 ________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to stop his participation in the Montgomery GI Bill (MGIB) Program and he receive back pay for the MGIB deductions he has paid. Although the applicant...
ARMY | BCMR | CY2002 | 2002067415C070402
His notification of eligibility for retired pay at age 60 (his 20-year letter) is dated 7 November 1977. Premiums are normally deducted from retired pay. That all of the Department of the Army records related to this case be corrected by showing that the applicant completed his DD Form 2656 on 30 September 1996 and declined, with his spouse’s concurrence, to participate in the SBP, making the debt for SBP premiums invalid.
ARMY | BCMR | CY2011 | 20110002077
The applicant requests, in effect, her military records be corrected to show she terminated her Reserve Component Survivor Benefit Plan (RCSBP) coverage for a natural interest person (NIP) on 7 August 1997. A letter, dated 12 December 2008, from DFAS states: a. on 15 August 1985, she elected NIP coverage under the RCSBP for her daughter. Option B and C participants do not make a new SBP election at age 60.
CG | BCMR | Education Benefits | 2008-140
CGPC stated that the applicant’s DD 2366 was completed erroneously to indicate that the applicant was not eligible for MGIB benefits and yet was signed by a certifying official. of the Pay Manual, “[e]ligible members are automatically enrolled [in MGIB] unless they elect not to receive educational benefits within the first 2 weeks of active duty.” Therefore, because the applicant actually was eligible for MGIB benefits and because he did not disenroll by signing the DD 2366 in block 5, his...
The member and his current spouse married on 17 February 1996, but he failed to advise the finance center that he did not want to extend SBP coverage to his new wife before the first anniversary of their marriage (17 February 1997). A complete copy of the evaluation, with attachments, is at Exhibit C. ___________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 30 March...
AF | BCMR | CY2010 | BC-2010-02064
The Board chose to separate him and charged him over $33,000.00 for time not served on his AFROTC scholarship. He was forced to pay into the MGIB and due to the Air Force releasing him prior to him serving his commitment; he is not eligible to receive the benefits. The remaining relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force at Exhibit C and...
ARMY | BCMR | CY2002 | 2002071051C070402
If the applicant had chosen to enter active duty or been involuntarily ordered to active duty, at the time he failed to continue his enrollment in the ROTC, he would have been assigned according to the needs of the Army and would not have had the opportunity to choose his training nor to receive the enlistment bonus. The applicant's ROTC contract states that if he disenrolled from the program he would be obligated to serve for a specific period on active duty or to repay the amount of...
NAVY | BCNR | CY2007 | 10578-07
10578-07 22 Jan 08 DearThis is in reference to your application for correction of your nava1 record pursuant to the provisions of 10 USC 1552.A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 January 2008. Unless a member brings the MGIB pay problem to the attention of their military pay office, it will go unresolved, either deducting money when the member declined MGIB enrollment or not deducting money when...
ARMY | BCMR | CY2009 | 20090004777
It shows that he was entitled to a reimbursement for SBP overcharges. On 6 April 2008 and again 11 November 2008, the applicant requested that the Army SBP Administrative Board review his request for full repayment of the monies erroneously withheld. On 13 January 2009, the Army SBP Administrative Board advised the applicant that due to the 6-year barring statute he would have to apply to the Army Board for Correction of Military Records for a correction of his records.
ARMY | BCMR | CY2013 | 20130013969
IN THE CASE OF: BOARD DATE: 22 April 2014 DOCKET NUMBER: AR20130013969 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant states, in effect, the FSM paid back $14,161.08 of his ROTC debt while serving as an enlisted member and as a cadet at the U.S. Military Academy before the debt was suspended because he was serving on active duty. It is also apparent that the FSM took the honorable course of action by repaying what is considered a valid debt, and while he continued to serve...