MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           17 April 2001                  
	DOCKET NUMBER:   AR2001054011

	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	
	M . Walter Avery		Analyst	

  The following members, a quorum, were present:

	Mr. John H. Kern		Chairperson	
	Ms. Margaret V. Thompson		Member	
	Mr. Melvin H. Meyer		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 she be reimbursed under the Army’s tuition assistance (TA) program for expenses that she incurred under the belief that she was eligible for the Montgomery GI Bill (MGIB).

APPLICANT STATES: That upon enlisting in the Army in 1995, she enrolled in the MGIB.  By 1996, she had paid the $1200.00 for enrollment in the MGIB.  In 1999, she enrolled in classes at Georgia Military College and attempted to utilize the MGIB, but was denied because she had been a prior service enlistee.  This was the first time she had been informed that her prior service made her ineligible for the MGIB.  She is receiving help from the US Army Total Personnel Command (PERSCOM) in obtaining reimbursement of the $1200.00 she paid into the MGIB.  If she had utilized TA the Army would have paid 75% of the cost of tuition, which was $530.00, therefore, she is requesting reimbursement in the amount of $397.50.

In support of her request, she submits a copy of her 1 – 31 March 1996, leave and earning statement that reflects her debt of $1200.00 to the MGIB had been paid; a promissory note indicating her debt to Georgia Military College for $530.00.  Also submitted is a letter from (PERSCOM) stating that a discrepancy in the MGIB enrollment of the applicant was declared.  As an exception to policy, the applicant was disenrolled from the MGIB and all money refunded.

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

She enlisted into the Marine Corps on 12 September 1989, was trained as a legal service specialist, achieved the rank of E-3, and was honorably discharged on 21 October 1991.

On 30 November 1994, she initialed DA Form 3286-67 (Statement of Understanding) in connection with her enlistment processing to authenticate that she was aware that she was not eligible for the MGIB.

She enlisted into the Regular Army on 24 March 1995, at the rank of E-3, was trained as an unit supply specialist and is currently on active duty.

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.
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 states that the first time she was informed that she was not eligible for the MGIB was after applying for the benefits.  However, her records indicate that prior to her entry on active duty she acknowledged on the appropriate enlistment document that she was not eligible for the MGIB.  The applicant should have taken action to prevent enrollment as soon as the MGIB enrollment processing began.  It appears that the applicant significantly contributed to her erroneous enrollment into the MGIB and nonuse of the TA program.  Therefore, her application must be denied.

2.  Inasmuch as she was ineligible for the MGIB (and evidence available suggests she should have been aware of that fact) it would be inappropriate to approve her request for reimbursement of tuition at Georgia Military College.

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

___jhk  __  ___mvt__  __mhm__  DENY APPLICATION

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

INDEX

CASE ID	AR2001054011	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010417	
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.	110.02	
2.		
3.		
4.		
5.		
6.