IN THE CASE OF: BOARD DATE: 4 December 2012 DOCKET NUMBER: AR20120000654 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, correction of his record to show a DA Form 2171 (Request for Tuition Assistance-Army Continuing Education System) requesting federal tuition assistance (FTA) for attendance at the Arkansas State University was approved in a timely manner. 2. The applicant states he: * thought his request for FTA was submitted correctly * was not informed his tuition was unpaid until the semester was almost over 3. The applicant provides three memoranda. CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Illinois Army National Guard (ILARNG) on 26 April 2002. On 4 October 2009, he transferred to the Arkansas ARNG (ARARNG). 2. He submitted a: a. self-authored memorandum for record, Subject: Exception to Policy Request, dated 8 April 2011, wherein he indicated he submitted his original request for FTA on or about 20 January 2011, but it was not processed and as a result, he requested an exception to policy to be eligible for FTA during the fiscal year 2011 (FY11) spring semester at Arkansas State University for three classes and a laboratory totaling 13 hours at $219.00 per semester hour. The semester began on 10 January and concluded on 3 May 2011. b. memorandum for record from his unit Readiness Noncommissioned Officer (NCO), Subject: Exception to Policy Request, dated 13 April 2011, which indicated the applicant submitted his request for FTA on or about 20 January 2011, but due to inexperience in the process and time constraints on office computer usage the request was not completed or forwarded to the approval authority. The Readiness NCO also stated that the applicant qualified for FTA and requested an exception to policy regarding the application deadline. 3. He submitted a memorandum from the Deputy Chief of Staff, Personnel-Education, Camp Robinson, to the National Guard Bureau (NGB), Education and Incentives Division, dated 26 July 2011, requesting an exception to the FTA policy on behalf of the applicant. 4. During the processing of this case, an advisory opinion was obtained from the Chief, Personnel Policy Division, NGB, dated 27 September 2012, recommending this Board correct the record to backdate the DA Form 2171 to indicate the applicant's request was made prior to the start of the semester in question. 5. The advisory also stated that the ARARNG had ample funds remaining in their FY11 budget to cover the $2,847.00 cost associated with the request. The State (ARARNG) concurred. 6. On 9 October 2012, the applicant was provided a copy of the advisory opinion for information and to allow him the opportunity to submit comments or a rebuttal. He did not respond. DISCUSSION AND CONCLUSIONS: 1. The applicant's request to correct the approval date of the DA Form 2171 authorizing FTA from the ARARNG has been carefully considered and found to have merit. 2. As evidenced by the 13 April 2011 memorandum for record from his unit Readiness NCO, the DA Form 2171 was not approved in FY11 due to administrative errors on the part of the State. As a result, it would be appropriate to correct this form to show the tuition assistance in question was approved by the proper authority on 9 January 2011 and to provide the Soldier the FTA due from ARARNG funds. BOARD VOTE: ____X___ ____X___ ___X__ _ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the DA Form 2171 was approved on 9 January 2011 and by paying the tuition due as a result from Arkansas Army National Guard funds. _______ _ X ______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20120000654 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120000654 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1