ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

                  

                  BOARD DATE:  22 October 2019

                  DOCKET NUMBER:  AR20190002546

APPLICANT REQUESTS:   

*	refund of $1800 he paid for the Montgomery GI Bill (MGIB)
*	personal appearance before the Board


APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:  

*	DD Form 149 (Application for Correction of Military Record)
*	letter from Defense Finance and Accounting Service (DFAS)
*	basic enrollment for GI Bill
*	Cash Collection Voucher
*	DD Form 214 (Certificate of Release or Discharge from Active Duty)

FACTS:

1.  The applicant states:

*	he requests to receive $1800 as a refund for the MGIB he paid for while on 
active duty
*	he was not qualified for the MGIB based on the Department of the Army decision 
after he made his payment in cash
*	he received a letter from DFAS stating his claim was submitted 6 years after the 
incident
*	he spent longer than that to solve the problem by contacting the Department of 
the Army and DFAS
*	he was just told last year by DFAS he needed to submit a DD Form 827 
(Application for Arrears in Pay)
*	he found out he was not qualified for the MGIB when he contacted the 
Department of the Army in 2017
*	he thought he was qualified since 2008 because he paid his contribution when 
he was on active duty
*	he contacted DFAS from 2017 to 2018 and was informed to complete a                      
DD Form 827 

2.  The applicant provides:

*	a letter from DFAS, dated 13 February 2019 stating they were returning his 
claim because it was not received within 6 years from the date the claim first 
accrued
*	a DD Form 2366 (Basic Enrollment), dated 3 June 2008 which states:
o	he is automatically enrolled unless he exercises the option to disenroll by 
signing item 5 on the form; item 5 on the form is blank
o	his basic pay would be reduced $100 per month until $1,200 had been 
deducted
o	he must complete 36 months of active duty service
o	he is eligible for an increased monthly benefit by contributing an additional 
amount not to exceed $600
o	he must receive an honorable discharge for service establishing entitlement 
to the MGIB
o	he has 10 years from date of last discharge to use the MGIB 
o	he must complete at least 24 months of a 3 year active duty service 
obligation
o	if his obligation is 2 years, he may join and serve honorably in the selected 
reserve for a minimum of 48 months 
*	a DD Form 1131 (Cash Collection Voucher) wherein he paid $1,800 for the                    
GI Bill for $1,200 and the GI Bill Kicker for $600 on 18 June 2008
*	his DD Form 214 showing he completed his required active service effective                  
15 November 2008 completing 2 years 7 months and 8 days of service

3.  The applicant's service records contain the applicant's enlistment documents which 
show he enlisted in the Active Army for a period of 8 years on 8 April 2006.  The 
enlistment documents contain a Certificate and Acknowledgment United States Army 
Reserve which shows the programs and/or incentives he was authorized for was the 
Ready Reserve Enlistment Bonus $10,000.

4.  The applicant's service records do not contain an enlistment addendum referencing 
the MGIB or the MGIB Kicker.  

5.  See applicable references below.

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board considered the applicant’s statement, his record of 
service, the cash collection voucher for the GI Bill and GI Bill Kicker, the date of his 
discharge, the absence of an enlistment addendum for either the MGIB or the MGIB 
kicker and the memo from DFAS regarding the Barring statute.  The Board considered 
that MGIB benefits must be used within 10 years of the last discharge.  The Board did 
not find the Department of the Army decision, the applicant refers to, that disqualified 
him from using the MGIB benefit.  The Board found no documentation from the VA, the 
agency charged with executing the program, regarding a denial of his benefit.  Based on 
a preponderance of evidence, the Board determined that the applicants claimed denial 
of the return of his MGIB payments was not in error or unjust.   

2.  After reviewing the application and all supporting documents, the Board found that 
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.?
REFERENCE:

The Montgomery GI Bill (GI Bill), as outlined in Title 38, United States Code, chapter 30, 
provides for soldiers who entered the service after 30 June 1985, to contribute 
$1,200.00 during their first 12 months service.  After completion of their service 
obligation, he or she is entitled up to 36 months of educational benefits.  The program is 
administered by the Veterans Administration (VA). 

ABCMR Record of Proceedings (cont)		AR20190002546
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