BOARD DATE:	  13 September 2012

		DOCKET NUMBER:  AR20120001004 


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 he be granted tuition assistance payment for three courses taken during the Fall Semester 2011, 22 August 2011 through 9 December 2011.

2.  The applicant states that through no fault of his own, his reenlistment and assignment was delayed.  His first sergeant was attempting to get approval for a new slot to keep him in the recruiting cadre.  The manning position was not authorized and by the time the situation was resolved it was close to the new fiscal year.  He had filled all necessary paperwork for tuition assistance prior to the end of the fiscal year.  

3.  The applicant provides copies of 14 pages of e-mails, 3 memoranda requesting a tuition assistance exception to policy, a DA Form 2171-E (Request for Tuition Assistance), a 3-page tuition assistance guide, a 2-page student detail schedule, and an education requirements guide.

CONSIDERATION OF EVIDENCE:

1.  The applicant, a Kentucky Army National Guard (ARNG) staff sergeant with prior active duty service, was serving in a recruiting position at the time he started the courses for which he is requesting tuition assistance payment, 22 August 2011 through 9 December 2011. 

2.  An Annex A - DD Form 4 (Enlistment/Reenlistment Agreement - Army National Guard) shows the applicant reenlisted on 29 July 2011.
3.  On 20 September 2011, an Education Services Officer submitted a request for an exception to policy on behalf of the applicant stating that the error that occurred to preclude a timely filing for Federal tuition assistance was due to errors in assigning the applicant to an ineligible position and was no fault of the applicant.  The Education Services Officer recommended approval of the payment request.

4.  On 22 September 2011, the applicant's unit commander submitted a memorandum stating that while completing an immediate reenlistment the applicant was unintentionally placed in an invalid unit vacancy that resulted in a delay of his input into the system.

5.  On 30 September 2011, the applicant officially submitted a request for an exemption to policy for Federal tuition assistance for three courses during the fall semester, 22 August 2011 through 9 December 2011.

6.  On 4 October 2011, the applicant was advised in an e-mail that his request for an exception to policy was denied due to the fact the ARNG does not have the authority to approve exceptions to policy and grant an expenditure of funds outside of the current fiscal year.

7.  An e-mail from Major L____, dated 14 October 2011, explained that in the past the National Guard Bureau (NGB) had allowed and even encouraged the practice of using funds from a previous fiscal year for bona fide expenditures in the next fiscal year.  However, when the ARNG was required to utilize GoArmyEd for submission of requests for tuition assistance it was found that this practice and the practice of allowing for up to a 30-day delay in filing after the commencement of classes were contrary to law.  He stated that the changes that impacted this case included the fact that GoArmyEd was required to establish a cutoff date prior to the end of the fiscal year for classes started in that fiscal year; if a Soldier did not apply before the cutoff date they cannot receive tuition assistance for that class; and Fiscal Law does not allow for a new obligation to be created for a given fiscal year once that year is completed.  

8.  Major L____ also stated that a legitimate complaint had been raised and that the NGB had failed to ensure that all 54 States and Territories clearly understood the intent of the Fiscal Law and the impact on past business practices.  While it was their desire to assist and provide timely resources and guidance, in this case they failed to do so.

9.  Army Regulation 621–5 (Army Continuing Education System) implements Department of Defense directive instructions, goals, policies, and responsibilities for Army Continuing Education System.  The tuition assistance program provides financial assistance for voluntary off-duty education programs in support of a Soldier's professional and personal self-development goals.  Tuition Assistance Procedures include that:

	a.  a Soldier must request tuition assistance through www.GoArmyEd.com prior to the course start date or before the school’s late registration date; 

	b.  the tuition assistance is approved only for the specific course and class dates that were requested and approved through GoArmyEd; 

	c.  if there is a need to change classes or dates, the Soldier must drop the original class and request a new tuition assistance for the new class; and

	d.  GoArmyEd will notify the Soldier whether or not the tuition assistance is approved 90 days before the due date.  If the tuition assistance Request Authorization is approved, the Soldier will be notified by email.  If the tuition assistance request is not approved, GoArmyEd will advise the Soldier of the reason and next steps they must take.  

10.  Title 31, U.S. Code, subsection 1501 states a monetary obligation of the United States Government must be supported by documentary evidence of executed before the end of the period of availability for obligation of the appropriation or fund used for specific goods to be delivered, real property to be bought or leased, or work or service to be provided.

11.  Title 31, U.S. Code, subsection 1502(a) states "The balance of an appropriation or fund limited for obligation to a definite period is available only for payment of expenses properly incurred during the period of availability or to complete contracts properly made within that period of availability and obligated consistent with section 1501 of this title.  However, the appropriation or fund is not available for expenditure for a period beyond the period otherwise authorized by law."

DISCUSSION AND CONCLUSIONS:

1.  The applicant had reenlisted in July 2011 and appears to have enrolled in three courses during the fall semester, 22 August 2011 through 9 December 2011.  The available record does not contain a copy of the college transcript showing successful completion of these courses.


2.  It is shown that, at least in part, his request for tuition assistance and an exception to policy for the late filing was due to problems arising from his unit assignment following his reenlistment.  

3.  Compounding the assignment problems is the fact that many of the National Guard Education Services Officers had not been fully informed of the changes to previous practices, procedures, and requirements for filing for tuition assistance and prohibition to granting exceptions to policy for benefits that crossed fiscal years.

4.  Both the applicant's unit commander and the Education Services Officer, who was working his case, stated that the errors in timely and proper filing were not due the fault of the applicant, and Major L____ admitted his office was at fault in not providing proper and complete guidance for cases of this nature. 

5.  It is therefore appropriate, as a matter of equity, to correct the records to show the applicant submitted a timely request for an exception to policy for granting tuition assistance that was accepted and granted in a timely manner.

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 the applicant filed a timely request for an exception to policy for requesting tuition assistance that was approve and processed in a timely manner; and 

	b.  with verification of successful completion of the courses, paying the appropriate amount under the Tuition Assistance Program for the Fall 2011 semester.



      _______ _  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)                                         AR20120001004





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ABCMR Record of Proceedings (cont)                                         AR20120001004



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