MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           14 September 2000
	DOCKET NUMBER:   AR2000041492

	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. Carl W. S. Chun		Director	
	Mr. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor Jr.		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. Elzey J. Arledge Jr.		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 he be awarded Montgomery GI Bill (MGIB) educational benefits.

APPLICANT STATES:  That he requires 13 days of service credit to qualify for the MGIB.  He adds that $1,200 was deducted from his pay in order to participate in the program.  In support of his application, he provides a copy of his DD Form 214, Certificate of Release or Discharge From Active Duty.

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

He enlisted in the Regular Army for 4 years on 5 April 1990.  Upon enlistment, he was automatically enrolled in the MGIB unless he specifically chose to opt out of the program; he did not choose to decline enrollment.

Upon completion of all required military training, the applicant was awarded military occupational specialty 71L (clerk/typist) and assigned to Korea.  He served in Korea from 26 August 1990 to 16 October 1991, then was reassigned to Fort Sill, Oklahoma.  He arrived at Fort Sill on/about 9 November 1991.

At Fort Sill, the applicant exhibited misconduct and, on 23 March 1992, his company commander barred him from reenlistment.  Cited as justification for the bar were his disenrollment from the Primary Leadership Development Course, a 4 March 1992 failure to submit to a breathalyzer test for suspected drunk driving, and various counseling statements for misconduct, to include uttering worthless checks.  The applicant did not appeal the bar.

On 15 July 1992, the applicant voluntarily submitted a DA Form 4187, Personnel Action, requesting early separation from the Army under the provisions of chapter 16, AR (Army Regulation) 635-200.  His request was approved and he was separated with an Honorable Discharge on 17 September 1992.  He had 2 years, 5 months, and 13 days of creditable service on his 4-year enlistment; he had no lost time.

Army Regulation 635-200 sets policies, standards, and procedures to insure the readiness and competency of the force while providing for the orderly administrative separation of soldiers for a variety of reasons.  Paragraph 16-5b states that soldiers who perceive that they will be unable to overcome a locally imposed bar to reenlistment may request immediate separation by submitting a request on DA Form 4187.

The Montgomery GI Bill (MGIB) under U.S. Code Title 38, Chapter 30 is an educational benefit program for active duty military personnel.  It requires that soldiers who request an early separation under the provisions of AR 635-200, chapter 16-5, based on a bar to reenlistment, must serve at least 36 months of any enlistment of 3 years or more; 2-year enlistees must serve all 24 months (this is known as the 24/36-month rule).  Failure to do so results in forfeiture of contributed funds and denial of benefits.

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.  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 this requirement.

2.  The applicant was enrolled in the MGIB and contributed the mandatory $1,200 during his first year of service.

3.  The applicant was barred from reenlistment and voluntarily sought separation after just 30 months of his 48 month term of service.  In so doing, he breached the terms of the MGIB program.

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

__rvo___  __mkp___  __eja____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000041492	
SUFFIX		
RECON		
DATE BOARDED	20000914	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	103.0100	
2.		
3.		
4.		
5.		
6.