ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  21 June 2019

	DOCKET NUMBER:  AR20170018769


APPLICANT REQUESTS: Correction of his record to show he was awarded the Montgomery GI Bill (MGIB) entitlement at 100% instead of 50%.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 2366 (MGIB Basic Enrollment), dated 28 January 2011
* DA Form 3286 (Statement for Enlistment U.S. Army Enlistment Program), dated 1 June 2011

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states, he did not use the loan repayment program and he did not 
dis-enroll from the MGIB.

3.  A review of the applicant’s service record shows the following on:

* 1 June 2011 – enlisted in the Regular Army, in conjunction with this enlistment the following forms were completed:

* DD Form 2366 showing the following in:

* item 3(1) (Statement of Understanding for All Eligible Members) he was automatically enrolled unless he exercised the option to disenroll by signing item 5
* item 3(3) he must complete 36 months of active duty before he is entitled to the current rate of monthly benefits
* he endorsed this form with his signature in block 10a

* DA Form 3286 showing the following in:

* item 4a: the option he was enlisting for was the U.S. Army Education Loan Repayment Program and in connection with this option he must disenroll from the MGIB
* he endorsed this form with his signature

* 28 January – 31 May 2011 – the applicant served in Afghanistan in support of Operation Enduring Freedom
* 27 December 2014 – the applicant was honorably released from active duty and transferred to the Texas Army National Guard, DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he completed 3 years, 6 months, and 27 days of net active service

4.  On 14 May 2019, the NGB reviewed the applicant's records and rendered an advisory opinion in his case.  After a thorough review, the Chief, Special Actions Branch opined that, the applicant joined active duty in 2011 and received the Loan Repayment
Program under Title 10 USC, section 109.  Because he received this incentive, any qualifying service between 1 June 2011 and 31 May 2014 is excluded from his total qualifying service for Post-9/11 GI Bill eligibility.  After removing this 36 months of service, he has completed 6 months and 27 days of qualifying service, which makes him eligible for the Post 9/11 GI Bill at the 50% payment tier.  Initially, the Department of
Veterans Affairs (DVA) incorrectly paid him at the 100% payment tier.  When they
discovered the error, his rate was reduced to 50% and issued a debt for the overpayment.  The DVA has since waived the debt and continues to pay him at
the 50% payment tier.  A copy of the complete advisory opinion has been provided to the Board for their review and consideration.

5.  The applicant was provided with a copy of this advisory opinion to give him an opportunity to respond and/or submit a rebuttal.  He did not respond.

6.  Title 10 USC, section 109 states the Secretary of Defense may repay any loan made under:

* Part B of Title 4 of the Higher Education Act of 1965
* any loan made under part D of such title (the William D. Ford Federal Direct Loan Program, Title 20 USC, section 1087)
* any loan made under part E of such title (Title 20 USC, section 1087)
* any loan incurred for educational purposes 

Repayment of any such loan shall be made on the basis of each complete year of service performed by the borrower.

7.  Title 38 USC, section 3301 states an active duty service member commencing on or after 11 September 2001, serves an aggregate of at least 36 months on active duty is entitled to educational assistance under this chapter.

8.  Title 38 USC, section 3322 (b) states a period of service counted for purposes of repayment of an education loan under Title 10 USC, section 109 may not be counted as a period of service for entitlement to educational assistance under this chapter.

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents, evidence in the records and the advisory opinion.  The Board discussed the applicant’s elections in the records, his contract for the loan repayment program and the conclusions of the advising official regarding his eligibility for the 100% payment tier.  The Board determined that there was no error in the record and denies the applicant’s requested correction.

2.  After reviewing the application and all supporting documents, the Board found the relief was not warranted.
BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:X	:X	:X	DENY APPLICATION
















BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




	 
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.


ADMINISTRATIVE NOTE(S):

Not Applicable



REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice.  This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Title 10 USC, section 109 states the Secretary of Defense may repay any loan made under:

* Part B of Title 4 of the Higher Education Act of 1965
* any loan made under part D of such title (the William D. Ford Federal Direct Loan Program, Title 20 USC, section 1087)
* any loan made under part E of such title (Title 20 USC, section 1087)
* any loan incurred for educational purposes 

Repayment of any such loan shall be made on the basis of each complete year of service performed by the borrower.

3.  Title 38 USC, section 3301 states an active duty service member commencing on or after 11 September 2001, serves an aggregate of at least 36 months on active duty is entitled to educational assistance under this chapter.

4.  Title 38 USC, section 3322 (b) states a period of service counted for purposes of repayment of an education loan under Title 10 USC, section 109 may not be counted as a period of service for entitlement to educational assistance under this chapter.


ABCMR Record of Proceedings (cont)	 AR20170018769
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