IN THE CASE OF:
BOARD DATE: 22 December 2009
DOCKET NUMBER: AR20090011353
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 that her 1997 reenlistment contract be corrected to show that she is entitled to the Montgomery GI Bill (MGIB).
2. The applicant states that in 1997 she reenlisted for 6 years in the U.S. Army Reserve (USAR). She offers that she was unaware of her MGIB benefits until receiving an MGIB briefing in June 2009. Upon reviewing her records, it was noted that although she was entitled to the MGIB, a DD Form 2384-1 (Notice of Basic Eligibility (NOBE)) was not a part of her reenlistment contract.
3. The applicant provides a copy of her DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States).
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the USAR on 22 June 1982. She executed a series of reenlistments and on 24 July 2002 she was notified of her eligibility for retired pay at age 60 (20-year letter).
2. The applicant's DD Form 4 shows that she reenlisted for 6 years in the USAR on 24 June 1997. There are no documents contained in her reenlistment records concerning her eligibility for the MGIB.
3. In the processing of this case, the Board obtained an advisory opinion from the Office of the Deputy Chief of Staff, G-1, Senior Army Reserve Career Counselor. The Senior Army Reserve Career Counselor recommended approval of the applicant's request. She said that the applicant reenlisted in the USAR on 24 June 1997 for 6 years. At the time of her reenlistment, she was eligible for the MGIB; however, it was not given. The Senior Army Reserve Career Counselor said that the applicant has never received the MGIB. The applicant responded to the advisory opinion on 9 October 2009.
4. Title 10, U.S. Code, section 16132, provides that a person who, after 30 June 1985, enlists, reenlists, or extends an enlistment as a Reserve member for service in the Selected Reserve for a period of not less than 6 years, or is appointed as or is serving as a Reserve officer and agrees to serve in the Selected Reserve for a period of not less than 6 years in addition to any other period of obligated service in the Selected Reserve to which the person may be subject, and has completed the requirements of a secondary school diploma (or an equivalency certificate) before applying for benefits under this section, is entitled to educational assistance under section 16131 of this title.
5. Army Regulation 135-7 (Incentive Programs) prescribes policies and procedures for the administration of the Army National Guard and the USAR incentive programs. Chapter 8 of this regulation covers the Selected Reserve MGIB. It states, in pertinent part, that a Soldier is eligible for educational assistance under the Selected Reserve MGIB when he or she contracts to serve for not less than 6 years in the Selected Reserve after 30 June 1985. When the Soldier meets all of the eligibility criteria, he or she will be issued a DD Form 2384 (Selected Reserve Educational Assistance (GI Bill) Notice of Basic Eligibility) or DD Form 2384-1. Following issuance of an NOBE, the Soldier may apply to the Department of Veterans Affairs for educational assistance.
6. Eligibility for educational assistance under the Selected Reserve MGIB ceases if an enrolled Soldier is declared an unsatisfactory participant or is discharged or separated from the Selected Reserve except in cases of appointment as a commissioned officer or warrant officer as a Reserve of the Army with assignment to the Selected Reserve, due to disability, and certain other exceptions. Only one "voluntary" release from the Selected Reserve may be permitted during the 10-year benefit period for the purpose of regaining eligibility to educational assistance benefits authorized in this regulation. Following a period of satisfactory service, a Soldier who is released from the Selected Reserve for voluntary separation or reassignment may regain eligibility for educational assistance. This is provided re-affiliation in the Selected Reserve occurs within 1 year, except in cases involving a religious missionary obligation where the Soldier has up to 3 years in which to re-affiliate.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows that the applicant reenlisted on 24 June 1997 for 6 years in the USAR. In accordance with the regulatory guidance as cited above and the advisory opinion obtained from the Office of the Deputy Chief of Staff,
G-1, she is entitled to educational assistance under the Selected Reserve MGIB.
However, it appears that due to an administrative oversight, she was denied her entitlement. Therefore, the applicant's record should be corrected to show her entitlement to the MGIB.
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 showing that she was issued a DD Form 2384-1 on 24 June 1997 verifying her eligibility for the Selected Reserve MGIB.
____________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) AR20090011353
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ABCMR Record of Proceedings (cont) AR20090011353
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