MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:  1 September 1999
	DOCKET NUMBER:   AR1998013421

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Mr. Theodore G. Heartley		Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Mr. James E. Anderholm		Member	
	Mr. Kenneth L. Wright		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  In effect, that his enlistment documents be corrected to show that he was enrolled in the college fund.

APPLICANT STATES:  In effect, that at the time of his enlistment in the Army, he understood that the college fund applied to university attendance only.

EVIDENCE OF RECORD:  The applicant's military records show:

His enlistment documents indicated that he initially enlisted on 29 September 1987 for a period of 4 years under the airborne training and military occupation specialty, 12B, training options.  There was nothing in his enlistment documents or other records indicating that his enlistment included the enrollment in the Army College Fund Program and disenrollment in the Montgomery GI Bill (MGIB). 

He was released from active duty in the rank of specialist on 7 August 1990 for the convenience of the government under the 1990 early transition program in accordance with Army Regulation (AR) 635-200, Chapter 16.  He had completed 
2 years, 10 months and 9 days of creditable service.  The characterization of his service was honorable.

On 21 November 1990, he was ordered to active duty in support of Operation Desert Shield/Desert Storm.  On 21 December 1991, he was released from active duty in the rank of sergeant under the provisions of AR 635-200, Chapter 4, expiration of term of service.  He had completed 1 year, 1 month and 1 day of service characterized as honorable.

Chapter 30, Title 38 of the US Code established eligibility requirement for participation in the Veterans' Educational Assistance Act of 1984 (New GI Bill).  It provided that individuals who entered an initial period of active duty on or after 1 July 1985 would be automatically enrolled in the program unless they opted to disenroll within a specific time frame established by the individual services.  Once enrolled in the New GI Bill the individual's basic pay was reduced $100.00 per month for each of the first full 12 months of active duty and could not be refunded, suspended or stopped.  An honorable discharge is required for receipt of entitlements, which amounted to $300.00 per month for 36 months, for individuals who completed at least 3 years of active duty.

The Army College Fund Program, a voluntary option, enabled a soldier to contribute $100.00 per month for the first year of their enlistment and recoup up to $14,000.00 in educational benefits depending on the length of their enlistment contract.

DISCUSSION:  Considering all the evidence, allegations, and information 

presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The applicant’s request lacks merit considering the evidence of record.

2.  The Board could not find anything in the evidence of record or evidence submitted by him indicating that his initial enlistment was erroneous and should have included his enrollment in the Army College Fund Program. 

3.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___SK__  ___JA___  ___KW___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998013421	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990901	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  297		
2.		
3.		
4.		
5.		
6.