RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04461 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: She be able to regain eligibility under Chapter 30, Montgomery GI Bill (MGIB) and use her benefits to go to school. The Department of Veterans Affairs has denied her these benefits. If she is unable to regain eligibility under Chapter 30, she would like to be paid the correct amount under Chapter 1606, Montgomery GI Bill-Selected Reserve. APPLICANT CONTENDS THAT: She was unable to attend school during this period due to illness/disability. Her ten year period in which she had to use her Chapter 30 benefits should be extended due to her hardship discharge from the military. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Army on 7 Feb 90. On 24 Jul 90, the applicant was discharged with an uncharacterized characterization of service, and was credited with 5 months, and 18 days of active service with a separation code of LGA (Entry level status performance and conduct or pregnancy) and placed in the Individual Ready Reserve (IRR). On 20 Nov 03, the applicant was discharged with an honorable characterization of service from the United States Army Reserve. On 21 Nov 03, the applicant enlisted in the Iowa Air National Guard where she is currently serving in the grade of Technical Sergeant (E-6). The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: NGB/A1Y recommends denial indicating there is no evidence of an error or an injustice. Per Title 38 USC, Sec 3031 Time limitation for use of eligibility and entitlement (a) "Except as provided in subsections (b) through (g), and subject to subsect ion (h), of this section, the period during which an individual entitled to educational assistance under this chapter may use such individual 's entitlement expires at the end of the ten year period beginning on the date of such individual 's last discharge or release from active duty, except that such ten year period shall begin". (h) "For purposes of subsection (a) of this section, an individual's last discharge or release from active duty shall not include any discharge or release from a period of active duty of less than ninety days of continuous service unless the individual involved is discharged or released for a service-connected disability, for a medical condition which preexisted such service and which the Secretary determines is not service connected, for hardship, or as a result of a reduction in force as described in:…" The applicant indicated she received a hardship discharge; however, the DD Form 214 Certificate of Release or Discharge from Active Duty, for the period of active duty provided indicated a separation code "LGA" which is defined as an Entry- Level separation. The narrative reason for separation is "Entry Level Status". The Department of Veterans Affairs (DVA) determines eligibility for the Chapter 30 GI Bill, and determines when a member is subject to payment/reimbursement. According to the DVA and the Defense Manpower Data Center (DMDC), as of 26 Aug 13, the applicant was eligible for Chapter 1606 GI Bill benefits and has been paid the amount that she was due. A complete copy of the NGB/A1Y evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 25 Feb 15, for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office. THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. We note the applicant’s request that if she cannot regain eligibility under the Chapter 30, Montgomery GI Bill (MGIB) she be paid the correct amount under Chapter 1606, Montgomery GI Bill-Selected Reserve. The OPR states that according to the Department of Veterans Affairs (DVA) and Defense Manpower Data Center (DMDC) the applicant is eligible for Chapter 1606 benefits and those benefits have been paid to her in the amount that she was due. Therefore, in view of the above and in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. 4. The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. The applicant Therefore, the request for a hearing is not favorably considered. THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. The following members of the Board considered AFBCMR Docket Number BC-2014-04461 in Executive Session on 11 Aug 15, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-04461 was considered: Exhibit A. DD Form 149, dated 28 Oct 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, NGB/A1Y, not dated. Exhibit D. Letter, SAF/MRBR, dated 25 Feb 15.