BOARD DATE:	  21September 2011

		DOCKET NUMBER:  AR20110001279 


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, relief from indebtedness to the Department of Veterans Affairs (VA) for unearned Montgomery GI Bill (MGIB) benefits.

2.  The applicant states she feels she does not owe any of the money she received from the MGIB.  She makes the following comments/arguments:

	a.  She joined the U.S. Army Reserve (USAR) in October 2003 while living in Colorado.  Prior to going to basic training, she moved to Fairbanks, Alaska, and transferred to Fort Wainwright, Alaska.

	b.  Her Army recruiter promised her the MGIB, Tuition Assistance, a $2,000.00 enlistment bonus, 2 weeks of training every year, and repayment of student loans of $10,000.00.

	c.  Except for the MGIB, she never received any of the benefits promised.

	d.  The MGIB payments stopped after she was transferred to the "Inactive Reserve."

	e.  She never received any tuition assistance.  When she complained, she was told it was up to her commander, but he never explained why it was denied.

	f.  She received the first half of the enlistment bonus, but not the remainder.

	g.  She went to training but did not get paid until after she complained to her U.S. Senator.  However, she never received an accounting and could not figure out where the money was coming from, but the Army still owes her for weekend drills [inactive duty training] according to her calculations.

	h.  After completing basic training, she was flown to the Anchorage airport.  She had to pay her own way to Fairbanks, but was never reimbursed the $150.00 cost.  When she requested a travel voucher, she was ignored.

	i.  During the entire 6 years she was in the USAR, she was never given her 2 weeks of paid training.  She explained that she needed the money because she was going to school, but she was ignored.  Once she was told that the money for her training was spent on exercise equipment.

	j.  Each weekend she asked about the student loans.  One time she was told to go to the bank and the bank would complete the paperwork, but the bank said her unit would do the paperwork.

	k.  After a while, she figured out that she was not making any headway and just wanted to complete her contract.

	l.  In early 2008, she became pregnant.  This is when she decided the harassment was not worth it.  Her unit would not let her out of the contract.  She was offered an honorable discharge, but when it arrived it was not honorable.  Consequently, she decided to be transferred to the Individual Ready Reserve (IRR).  Her contract was supposed to be complete in November 2009.

	m.  When she was notified about owing money for the MGIB, she asked for an explanation.  She was never given an exact accounting of the debt.  She believes the $1500.00 is the $300.00 per month for 5 months of MGIB she received.

	n.  She thinks the harassment she put up with from the USAR should entitle her to keep the money given to her.  She attended every weekend training for the 6 years she was in the USAR.  Not once was she given help when she asked for it.  Now she is a single parent and is unemployed.  Repaying this money would be a definite hardship.

	o.  She has never received an explanation for the debt and she would just like to put this portion of her life behind her.  She is not even proud to be a veteran due to her circumstances in the Army.  The Army did not even send her a DD Form 214 (Certificate of Release or Discharge from Active Duty) or called to ask how she was doing.  Not once did she ever feel she was a part of the Army family.  She is embarrassed to admit she was stupid enough to believe the Army would improve her life.

3.  The applicant provides a copy of a letter from the Defense Finance and Accounting Service (DFAS), dated 28 September 2010.

CONSIDERATION OF EVIDENCE:

1.  The applicant's DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States), dated 25 October 2003, shows she enlisted in the USAR for a period of 8 years beginning in the rank/pay grade of private/E-1.

2.  The Certificate and Acknowledgment – USAR – Service Requirements and Methods of Fulfillment (Reserves Annex), section IV (Service Obligation), dated 25 October 2003, shows the applicant agreed to serve 6 years as an assigned member of a troop program unit (TPU) in the Selected Reserve and 2 years as an assigned member of the IRR.

	a.  Section IV of this annex also shows she enlisted for training in military occupational specialty 92F (Petroleum Supply Specialist) and assignment to the 858th Quartermaster Company (Petroleum Supply), Fort Carson, CO.

	b.  Section VI (Unsatisfactory Participation) of this annex states the applicant understands she may be required to repay all or a portion of any MGIB, bonus, or loan assistance should she fail to participate satisfactorily for the entire period of her enlistment.

	c.  The authentication section of this annex appears to have been signed by the applicant and dated 25 October 2003.

3.  Orders 08-277-00003, 9th Mission Support Command, dated 3 October 2008, released the applicant from her TPU assignment due to pregnancy and reassigned her to the IRR effective 2 October 2008.  At the time, she had completed 4 years, 11 months, and 9 days of military service.

4.  The applicant's original 8-year military service obligation terminates on 24 October 2011.

5.  In a letter to the applicant's U.S. Senator, dated 28 September 2010, the Deputy Director, Operations, DFAS, stated the applicant had incurred a debt payable to the VA.  The balance due at the time was $1,452.14.  The basis for this debt was her unsatisfactory completion or participation in the MGIB educational assistance program.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends she should be granted relief from indebtedness to the VA for unearned MGIB benefits.

2.  The evidence of record clearly shows the applicant enlisted in the USAR and opted, in part, for the MGIB educational program.  Her enlistment contract with annex clearly states she was obligated to serve 6 years in a TPU and 2 years in the IRR.  It further states her failure to do so could result in having to repay any monies received from the MGIB.

3.  The applicant was subsequently released from her TPU due to pregnancy prior to completing her 6-year obligation.  Accordingly, she was notified of her obligation to repay monies she received from the MGIB.

4.  The applicant's arguments concerning issues other than the MGIB debt do not justify her position or belief that she should not have to repay monies received from the MGIB program.

5.  In view of the above, the applicant's request should be denied.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x____  ____x____  ____x____  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ___________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)                                         AR20110001279



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ABCMR Record of Proceedings (cont)                                         AR20110001279



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