PROCEEDINGS

	IN THE CASE OF       

	BOARD DATE:            6 February 2001
	DOCKET NUMBER:    AR20000445884

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

	Mr. Carl W. S. Chun		Director	
	Mr. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Thomas Lanyi		Member	
	Mr. Walter T. Morrison		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

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

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that her records be corrected to show that the extension of her enlistment contract is invalid.

3.  The applicant states that she originally enlisted on 9 July 1987.  At that time, she started attending college and began using the Montgomery GI Bill (MGIB) and Student Loan Repayment Program (SLRP) benefits.  She served in the US Army Reserve (USAR) and the Individual Ready Reserve from 1992 to 1995.  In 1996 she sought to rejoin the USAR with a three-year contract.  She was interested in furthering her college attendance and inquired about the MGIB.  She contends that she informed the recruiter that she had previously used some of her MGIB entitlement.  The recruiter told her that if she extended her contract for an additional three years she would receive the MGIB.  She then had the unit administrator prepare the necessary paperwork extending her contract by three years to a total of six years.  She later tried to enroll in college and found she was not eligible for the MGIB.  She then attempted to no avail to have the contract extension cancelled. 

4.  In support of her application she submits two self-authored statements, a copy of her DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) a DD Form 4/1 (Enlistment/Reenlistment Document) and a letter supporting her request for correction of her contract.

5.  The applicant’s military records were not provided to the Board.  Information herein was provided by the applicant.

6.  On 13 April 1996 the applicant completed a DD Form 4/1, enlisting into the USAR for a period of three years.

7.  On 28 February 1997 she completed a DA Form 4836, extending her enlistment for an additional three years.  Block 9 of the form cites the authority that permitted her extension in accordance with terms authorized in Army Regulation 140-111 (US Army Reserve Reenlistment Program).

8.  A recruiter assigned to the 63rd Regional Support Command states that the applicant’s unit administrator erroneously extended her enlistment contract and recommends changing her end of term of service date to 12 April 2000.

9.  On 13 July 2000 the applicant was informed that under the authority of Title 10, USC 16133 her MGIB entitlement had expired at the end of a 10-year period ending on 9 July 1997.

10.  Army Regulation 140-111, provides for the extension of reservists and guardsmen for the period necessary to provide for a remaining term of service of 6 years in order to establish MGIB eligibility.  It also provides that if a Reservist stays in the Selected Reserve, benefits end 10 years from the date the Reservist became eligible for the program.

CONCLUSIONS:

1.  Both the applicant and her chain of command unwittingly contributed to her incorrect extension for three years for the MGIB – a benefit she was not eligible for.  The applicant states that when she sought to reenlist in April 1996 she informed the recruiter that she had previously used her MGIB.  If such is correct, she should have been informed that her eligibility for the MGIB program would expire on 9 July 1997.  However, on 28 February 1997, almost one year after speaking with the recruiter, she requested that her unit administrator prepare contract extension paperwork for the purpose of qualifying her for the MGIB.    The unit administrator, company commander and the next higher headquarters contributed to the improper extension by not verifying the authority and the reason for her extension.

2.  Federal statute prohibits the applicant from receiving MGIB benefits more than 10 years after she first became eligible for them.  In this case, it appears that the entire chain of command, as well as the applicant, neglected to determine her eligibility for the MGIB before executing the extension or her contract.  Nonetheless, in the absence of any indication of intentional wrongdoing, it would be unfair to expect her to continue to serve on that contract extension without the benefits she extended for.  Since she is precluded by law from receiving the MGIB, the Board will as a matter of equity, amend her contract and allow her to terminate her enlistment at the earliest date practicable that will permit her to leave without disadvantaging her financially.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by amending the Oath of Extension of Enlistment or Reenlistment 

completed on 28 February 1997 to show an end of term of service date of 1 April 2001 or the earliest feasible date acceptable to the individual concerned.

BOARD VOTE:  

___rvo __  ___tl ___  ____wtm_  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_________Raymond V. O'Connor, Jr._____
		        CHAIRPERSON

INDEX

CASE ID	AR200045884	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010206	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	128.05	
2.		
3.		
4.		
5.		
6.