IN THE CASE OF:	  

		BOARD DATE:	  24 May 2012

		DOCKET NUMBER:  AR20110022136 


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 to change her eligibility code of “C” (Not Eligible-No   6-year contract/commitment with the Selected Reserve) for the Montgomery     GI Bill-Selected Reserve (MGIB-SR) in order to become eligible for the MGIB-SR program.

2.  The applicant states she is uncertain why the eligibility code of “C” has been assigned to her; however, assignment of the code has hindered her ability to receive educational assistance to continue her civilian education.  She further states she has served her country for 26 years and has not had a break in service.  The code should identify her as eligible for the MGIB and any other educational assistance available to her.     

3.  The applicant provides:

* 2 DD Forms 214 (Certificate of Release or Discharge from Active Duty)
* Orders 167-0003, dated 16 June 2011
* DA Form 2B (Personnel Qualification Record)

CONSIDERATION OF EVIDENCE:

1.  The evidence available to the Board is limited; however, the documents that are available show the applicant initially entered military service through the Reserve Officer Training Corps and was appointed as an officer of the U.S. Army Reserve (USAR) on 5 July 1985.  She is currently serving in the USAR in the rank/grade of lieutenant colonel/O-5 and has completed over 25 years of service.
2.  Her record is void of a DA Form 5447-R (Officer Service Agreement Selected Reserve Educational Assistance Program) and there is no indication she ever agreed to serve 6 years in the Selected Reserve for the purpose of receiving the MGIB-SR.

3.  During the processing of this case, an advisory opinion was obtained from the U.S. Army Human Resources Command, Chief, Education Incentives Branch, dated 11 January 2012, who states:

	a.  The applicant is not eligible for MGIB-SR because she did not agree to serve 6 years in the Selected Reserve for the purpose of receiving the MGIB-SR.  If she had agreed to a 6-year commitment via DA Form 5447-R, she would have been eligible for MGIB-SR.  The applicant’s official military personnel file (OMPF) does not reflect her completing DA Form 5447-R.  Therefore, the Reserve Component Manpower System (MGIB-SR database) reflects the correct eligibility code of “C.”

	b.  The applicant can no longer qualify for MGIB-SR since her mandatory removal date is 1 August 2013 and she cannot currently commit to serve 6 years in the Selected Reserve.

	c.  The applicant may be eligible for the Montgomery GI Bill-Active Duty (Chapter 30, Title 38, U.S. Code) due to her service in the Regular Army and her contribution of $1,200.00.  She would need to apply for benefits through the Department of Veterans Affairs and have them determine her eligibility status.

	d.  The applicant earned eligibility for the Reserve Education Assistance Program (REAP) (Chapter 1607, Title 10 U.S. Code) due to her mobilization (active duty service).

	e.  The applicant earned eligibility for the Post 9/11 GI Bill (Chapter 33, Title 38, U.S. Code) due to her mobilization (active duty service) after 10 September 2001.  Also, please note the applicant exercised her eligibility for the Post 9/11  GI Bill when she transferred her education benefits to her children on                31 December 2011.  Her request was approved on 3 January 2012.  She did not incur an additional service obligation due to her already having 20 years of service as of 1 August 2009.

	f.  Due to the applicant transferring her Post 9/11 GI Bill education benefits to her dependents, she had to relinquish her eligibility for either the Montgomery   GI Bill-Active Duty or the Reserve Education Assistance Program.  Per the Department of Veterans Affairs, the applicant chose to relinquish her REAP.  Therefore, she remains eligible for MGIB-Active Duty and may apply to the Department of Veterans Affairs to use the MGIB-Active Duty.  Also, based on her active duty (mobilization) service after 10 September 2001, she may request a change to the MGIB-Active Duty delimiting period and possibly receive              12 months of MGIB-Active Duty benefits.

4.  On 12 January 2012, the advisory opinion was furnished to the applicant for information and to allow her the opportunity to submit comments or a rebuttal.  She did not respond.

5.  The MGIB-SR provides educational assistance for all qualifying Selected Reserve (TPU (Troop Programs Units) and Individual Mobilization Augmentation) members.  It was enacted by Congress on 1 July 1985 to attract high-quality men and women into the reserve branch of the Armed Forces.  To be eligible, Selected Reserve members must execute a contractual agreement to serve 6 years in the Selected Reserve, must have a high school diploma or equivalency, complete initial active duty for training, remain in good standing, and satisfactorily participate in training.

6.  Department of Defense Instruction 1322.17 implements the policies and procedures for management of education benefits under the MGIB-SR.  It states that a member entitled to MGIB-SR must be advised of their entitlement to benefits and issued a Department of Defense Form 2384-1 (Notice of Basic Eligibility) within 30 days of attaining entitlement.  The form becomes a permanent part of the Official Military Personnel Record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to change her eligibility code of “C” in order to become eligible for the MGIB-SR program has been carefully reviewed and found to lack merit.

2.  The applicant did not provide nor does her OMPF reflect her ever completing    DA Form 5447-R to enter into a 6 year contract/commitment with the Selected Reserve.  Therefore, the MGIB-SR database reflects the correct eligibility code of “C.”  In view of the foregoing, she is not entitled to the requested relief.

3.  The determination of eligibility for MGIB benefits is not within the purview of this Board.  However, as stated in the advisory opinion, the applicant may be eligible for MGIB-Active Duty and should address any further questions she may have to the Department of Veterans Affairs.



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 that 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)                                         AR20110022136





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ABCMR Record of Proceedings (cont)                                         AR20110022136



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