BOARD DATE:	23 April 2015  

		DOCKET NUMBER:  AR20150000948 


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: 

* adding his U.S. Navy (USN) DD form 2366 (Montgomery GI Bill Act of 1984 (MGIB)) to his Army records
* reimbursement of $1,200 deducted from his pay due to enrollment in the MGIB upon enlistment in the Army 

2.  The applicant states he served in the USN from December 2006 through June 2009 and he paid into the MGIB during his enlistment in the USN. He then enlisted in the Army in June 2009 and he was commissioned in January 2010. In 2013, while attempting to get his GI Bill paperwork added to his records, an additional $1,200 was deducted from his pay despite having previously paid into the MGIB. 

3.  The applicant provides

* DA Forms 2142 (Pay Inquiry)
* DD Form 2366, dated 15 December 2006
* Leave and Earnings Statements (LES)

CONSIDERATION OF EVIDENCE:

1.  The applicant's records contain a DD Form 214 (Certificate of Release or Discharge from Active Duty) that show she served in the USN from 12 December 2006 through 1 June 2009. 
2.  He was discharged from the USN in the pay grade of E-4 on 1 June 2009 to enter an officer training program. 

3.  He enlisted in the Regular Army in the pay grade of E-4 on 2 June 2009.  He enlisted for U.S. Army officer/warrant officer Enlistment Program.

4.  In connection with this enlistment, he completed a DD Form 2366 wherein he stated in section 2 (Statement of Understanding for Ineligible Members):

	a.  "I am ineligible for the MGIB because (a) I am a service academy graduate, or (b) I am an ROTC scholarship graduate who received more than the current minimum amount allowed for enrollment in the MGIB, or (c) I am a prior service member who disenrolled during my previous term of active duty.

	b.  He and a certifying official authenticated this form with their signatures on 8 June 2009. 

5.  He entered active duty on 2 June 2009 and completed the Officer Candidate Course.  He was honorably released from active duty on 13 January 2010. 

6.  He was appointed as a commissioned officer of the Army with concurrent call to active duty on 14 January 2010.  He completed the Field Artillery Basic Officer Leader Course.  He was promoted to captain on 1 January 2014. 

7.  He provides LES's from January through December 2007 (while serving in the USN) that show monthly deductions of $100 for the MGIB. 

8.  He also provides his August 2013 Defense Finance and Accounting Service (DFAS) Military Leave and Earnings Statement (while serving in the Army) that shows a deduction of $1,200 for the MGIB. 

9.  An advisory opinion was received on 2 March 2015 from the Finance and Incentive Team, U.S. Army Human Resources Command, in the processing of this case.  The advisory official recommended approval of the applicant's request and stated: 

	a.  The U.S. Army should not have reduced his pay for the Montgomery GI Bill (MGIB) in August 2013.  When [Applicant] joined the U.S. Army as an officer with prior service in the USN (enlisted), he correctly declined MGIB as required at that time due to prior service in the U.S. Navy.  He already had accepted MGIB in the USN, had his pay reduced for MGIB in the U.S. Navy, and served an honorable period of service.  Therefore, he was ineligible to enroll again for MGIB and had to decline MGIB when he subsequently joined the U.S. Army.  He later inquired with his Army unit's G-1 about his MGIB eligibility which resulted in the installation finance office erroneously reducing his pay again by $1200 in August 2013.  This specific $1,200 reduction in pay in August 2013 should be returned to the applicant, less taxes.  Because this office cannot direct (DFAS) to return the $1,200 to him, request any granted relief involve a direction to the Army liaison with DFAS to correct the applicant's record.

	b.  The USN had already reduced his pay for the MGIB enrollment during his initial enlistment with the U.S. Navy.  His initial enlistment with the USN was 12 December 2006 - 1 June 2009.  His LES from January 2007 to January 2008 (13 months) reflect $100 was reduced each month from his pay for a total of $1,300 for MGIB.  Since the total amount reduced should have been only $1,200, the February 2008 LES shows $100.00 was returned to his pay.  However, the Defense Manpower Data Center Education Benefits (DEB) panel for his USN service still reflected $1,300.00 reduced from his pay.  On 10 February 2015 this office contacted the USN GI Bill Office (email address) to request her office correct the USN panel in DEB to reflect $1200.00, not $1300.00; that office corrected his USN panel in DEB.

	c.  HRC recommends any granted relief for the erroneous U.S. Army's reduction in pay involve a direction to the Army liaison with DFAS to correct the applicant's records. 

10.  The applicant was provided with a copy of this advisory opinion but he did not respond. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in the USN from 12 December 2006 through 1 June 2009.  He enrolled in the MGIB and paid the monthly deductions of $100 for a total of $1,200 during 2007.  He was discharged from the USN in June 2009 and subsequently enlisted in the U.S. Army to become an officer. 

2.  When he enlisted in the Army, he declined enrollment in the MGIB because he had already paid for this program.  For unknown reasons, his servicing finance office deducted the full amount of $1,200 from his pay in August 2013.  This is an error.  He should receive his money back. 

3.  Additionally, in order to avoid potential conflicts, his DD Form 2366 dated 15 December 2006 should be filed in his official military personnel file. 



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:

* reimbursing the applicant the amount of $1,200, the total erroneous deduction from his pay account
* filing a copy of the DD Form 2366 dated 15 December 2006 in his official military personnel file 



      _________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.
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