MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           19 September 2000                   
	DOCKET NUMBER:   AR2000042824

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Hubert O. Fry, Jr.		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Regan K. Smith		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:  That he be reimbursed the $1,000.00 he paid for enrolling in the Montgomery GI Bill (MGIB).

APPLICANT STATES:  That he never received an Article 15 nor was he charged with any civil actions.  He provides no supporting evidence.

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

He enlisted in the Regular Army on 27 July 1994.  

On 1 August 1994, the applicant completed the Montgomery GI Bill Act of 1985 (MGIB) form, DD Form 2366.  He elected to enroll in the MGIB.  By signing the form he acknowledged that his basic pay would be reduced by $100.00 per month for each of the first 12 full months of active duty and that this basic pay reduction could not be REFUNDED, SUSPENDED OR STOPPED (emphasis noted on form).  He also acknowledged that he must receive an honorable discharge for service establishing entitlement to the MGIB.

On 30 June 1998, the applicant was discharged, in pay grade E-4, under the provisions of Army Regulation 635-200, chapter 14 for misconduct with a discharge under honorable conditions.  He had completed 3 years, 11 months and 4 days of creditable active service with no lost time.

Department of Veterans Affairs booklet, Federal Benefits for Veterans and Dependents, informs veterans and dependents of the variety of federal benefits available.  In pertinent part, it states that the MGIB 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:  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.  When the applicant enrolled in the MGIB, he acknowledged that any payments he made towards the MGIB could not be refunded.  

2.  The Department of Defense does not have jurisdiction over the MGIB.  The applicant may desire to direct his request to the Department of Veterans Affairs as an exception to policy.

3.  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

__hof___  __jpi___  __rks___  DENY APPLICATION

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

INDEX

CASE ID	AR2000042824	
SUFFIX		
RECON		
DATE BOARDED	20000919	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	128.14	
2.		
3.		
4.		
5.		
6.