MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  28 November 2000
	DOCKET NUMBER:  AR2000046988

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Wilford A. Hale		Member	
	Mr. John H. Kern		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 his records be corrected to show that he elected enrollment into the Montgomery GI Bill (MGIB) at the time of his entry onto active duty.

APPLICANT STATES: That he was given the opportunity to either enroll or disenroll and elected to disenroll.  He claims to have been misinformed.

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

On 19 January 1989, the applicant entered the Army Reserve as a cadet while attending Ouachita Baptist University.

On 21 July 1991, he entered active duty as a second lieutenant.

On 22 July 1991, he authenticated a DD Form 2366 (Veterans Educational Assistant Act of 1984 (New GI Bill)) statement “I do not desire to participate in the New GI Bill.  I understand that I WILL NOT be able to enroll at a later date.”  This statement was witnessed by a member of the personnel in-processing staff.

On 4 May 2000, the Chief, Education Incentives and Counseling Branch, Total Army Personnel Command explained the provisions of Public Law 98-525, Chapter 30, to the applicant which precluded his later enrollment after declining the MGIB.

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 evidence of record shows the applicant declined enrollment in the MGIB, at the time of entry into active duty and, per Public Law 98-525, he is precluded from later entry.  There is no error or injustice in his records concerning the MGIB.

2. His contentions have been noted; however, his application or the evidence of record does not support them.

3.  This Board concludes he declined the MGIB, in writing, and is not now entitled to enrollment in the MGIB.  He has not convinced the Board otherwise.

4.  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.

5.  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

__mp___  ___wh____  ___jk_____ DENY APPLICATION

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

INDEX

CASE ID	AR2000046988	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001128	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.100	MGIB	
2.		
3.		
4.		
5.		
6.