IN THE CASE OF:
BOARD DATE: 29 August 2013
DOCKET NUMBER: AR20130001419
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, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show entitlement to the Montgomery GI Bill (MGIB).
2. The applicant states she signed a DD Form 2366 (MGIB Act of 1984) on
14 August 2002 for $28,800.
3. The applicant provides a copy of her DD Form 2366.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the U.S. Army Reserve Delayed Entry Program (DEP) for 8 years on 14 August 2002. On 13 January 2003, she was discharged from the DEP and enlisted in the Regular Army on 14 January 2003. She completed training and was awarded military occupational specialty 92Y (Unit Supply Specialist).
2. A DD Form 2366, dated 14 August 2002, which was completed at the time of her enlistment in the DEP, shows she elected the MGIB option for $28,000.
3. On 25 November 2012, the applicant was honorably discharged. Her DD Form 214 shows she completed 9 years, 10 months, and 12 days of creditable active military service. The DD Form 214 does not include an entry indicating her election to participate in the MGIB.
4. Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214 and provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. The regulation does not provide for an entry on the DD Form 214 documenting participation in the MGIB.
5. Paragraph 2-7 of Army Regulation 621-202 (Army Educational Incentives and Entitlements) states that all eligible Soldiers are automatically enrolled in the MGIB unless they choose to disenroll. The Defense Finance and Accounting Service will automatically reduce $100.00 from basic pay for the first full 12 months of all eligible active Soldiers unless the individuals choose to disenroll; the MGIB enrollment is irrevocable and monthly reductions are non-refundable.
6. The MGIB, which is administered by the Department of Veterans Affairs (VA), provides a program of education benefits to individuals who enter active duty for the first time after 30 June 1985 and receive an honorable discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of her DD Form 214 to show her participation in the MGIB was carefully considered.
2. Although the applicant participated in the MGIB, there are no provisions for entering this information on the DD Form 214. The applicant's DD Form 214 properly shows she completed her first full term of service.
3. With respect to the MGIB benefits, the determination of eligibility for MGIB benefits is not within the purview of this Board. MGIB eligibility questions should be addressed to the VA.
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) AR20130001419
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ABCMR Record of Proceedings (cont) AR20130001419
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