IN THE CASE OF:

		BOARD DATE: 20 November 2012

		DOCKET NUMBER:  AR20110024493 


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 he be granted an exception to policy (ETP) for tuition reimbursement under the Federal Tuition Assistance (FTA) Program.

2.  The applicant states that:

	a.  he applied for FTA for the Spring 2011 semester (13 January – 10 May 2011) at Arkansas Technical University on 17 November 2010.  He received an email that the request was under review and confirmation was pending.  When he tried to check his Army Knowledge Online (AKO) email a few days later, he was unable to log in.  He did not have access to his AKO email for about 
3 weeks.  When he gained access he did not have any email referring to the FTA request.  The FTA funding for two of the courses was denied as they were not listed on his degree plan.  He did not receive notification of the funding denial until he noticed the payment was for $1,336, not the full amount of $2,839.  

	b.  on 22 February 2011, he contacted Sergeant (SGT) Jones, the guidance counselor, and was told she had emailed him about the problem through AKO.  

	c.  his request for an ETP for the funding was returned without action on
25 October 2011.  He was advised by the Deputy Chief of Staff Personnel-Education, Camp Robinson, Guidance Counselor to submit a request to the Army Board for Correction of Military Records (ABCMR), which he has done.

3.  The applicant provides copies of a request for an ETP for filing for tuition assistance.
CONSIDERATION OF EVIDENCE:

1.  The applicant is a Reserve Officers’ Training Corps (ROTC) Cadet attending Arkansas Technical University.

2.  His ETP request, which was supported by the Deputy Chief of Staff Personnel-Education, Camp Robinson, was returned without action by the Education, Incentives and Employment Division, National Guard Bureau (NGB), on 25 October 2011.  The notice shows that in accordance with Title 10, U.S. Code 1502(a), an appropriation of federal funding is only available for obligation for a definite period of time.  An agency must obligate an appropriation during its applicability period, or the authority expires.  "The ARNG-GSE does not have the authority to approve a DA 2171 or ETP that begins outside the current fiscal year....ETP in this situation was deemed not necessary or possible."

4.  During the processing of this case, an advisory opinion was obtained from the Chief, Personnel Policy Division, NGB, Arlington, Virginia.  The advisory official recommended disapproval of the applicant's request.  

	a.  The opining official stated that the applicant was notified by e-mail that there was an issue with his FTA based on the two courses being outside his degree plan.  Since the applicant tried to correct the issue 30 days into the school year, there were no funds "obligated" on the DA Form 2171 (Request for Tuition Assistance – Army Continuing Education System) contract to make payment.  It is not legal to obligate funds for a previous Fiscal year (FY); therefore, the applicant's request can’t be accomplished.

	b.  The State Education Office followed regulation by denying the courses for the following reasons: (1) Soldier did not have the requested courses on his degree plan when the request was submitted, and (2) Soldier submitted the amended degree plan more than 30 days after the course start date.

	c.  Soldier claims he had email issues with AKO for over three weeks and received no notification from the State that anything was wrong with his application.  When he noticed the payment was less than expected he contacted the State and was informed he needed to submit an updated degree plan.

5.  On 10 October 2012, a copy of the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal.  He did not respond.

6.  Army Regulation 621-5 (Army Continuing Education System) implements Department of Defense directive instructions, goals, policies, and responsibilities for the 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 period; 

	b.  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 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 of the next steps to be taken.  

7.  Title 31, U.S. Code, section 1501 states a monetary obligation of the U.S. Government must be supported by documentary evidence 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 services to be provided.

8.  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 contends he should be granted an exception to policy for tuition reimbursement under the FTA.  

2.  The applicant claims he that due to AKO email access issues he did not receive any email indicating there was a problem with the FTA for the two classes.  When he realized the problem it was too late to obtain the funding as it is obligated by FY.  However, there is no evidence to support this assertion and the applicant did not explain what help he sought to resolve the issue.

3.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.

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)                                         AR20110024417



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110024493



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1