IN THE CASE OF: 

		BOARD DATE:  27 April 2022

		DOCKET NUMBER: AR20210017219


APPLICANT REQUESTS: in effect, 

*	a disability retirement
*	bonus money returned
*	payment of GI bill that he was denied
*	repayment/reimbursement for school
*	personal appearance before the Board

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Department of Veterans Affairs (DVA) letter, 15 January 2021
*	DD Form 214 (Certificate of Release or Discharge from Active Duty), 20121218

FACTS:

1. The applicant did not file within the three-year time frame provided in Title 10, United 
States Code, 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 stated his DD Form 214 should be corrected to show he was released 
from active duty due to physical injury. The Army used chapter code 5-17 to get him out 
because he hurt his neck and knees from being airborne even though he should have 
been medically retired. After the military He has been dealing with multiple issue with 
health and now he is 100% disabled veteran total and permanent since January 2020. 
He has had neck surgery were a plate and infusion of discs in his neck last year 
September. 

	a. It look the Veterans Affairs (VA) 7 years to give his disability. He had surgery for 
his neck even though he complained and went to multiple appointments for therapy and 
a shot in his neck among other things. He just had a knee surgery for meniscus tears in 
his left knee and will need another surgery on his right knee for the same problem. 

	b. Because of the way he was made to leave the Army, he had to pay back some of 
his bonus along with only receiving 70% payment with his GI bill. He would like to have 
his DD Form 214 corrected so that hopefully he can receive back pay for all the school 
he went to if possible and for high hopes maybe get his bonus money back. 

	c. He was a good Soldier for the time period he was in the Army. He received the 
Army Achievement Medal for his physical training tests. He received multiple coins from 
sergeants' major when he was in basic training and advanced individual training. 

	d. His neck injury came from being sent to level 2 combatives where he was being 
recommended to complete and become an instructor once he completed training. He 
went to countless physical therapy sessions and due to missing work his leaders treated 
him like a dirt bag. He became depressed and saw a therapist. His friends told him the 
non-commissioned officer in charge said he would make sure he did not get his benefits 
or a medical board.

3. He enlisted in the Regular Army on 8 September 2010 for four years. He held military 
occupational specialty (MOS) 25P (Microwave Systems Operator-Maintainer).

	a. On 9 September 2010, he signed a DD Form 2366 (Montgomery GI Bill (MGIB) 
Act of 1984) acknowledging his understanding of the below requirements, in pertinent 
part:

		(1) "UNLESS I DISENROLL from the MGIB, my basic pay will be reduced $100 
per month or the current monthly rate until $1,200 has been deducted; this basic pay 
reduction CANNOT be REFUNDED, SUSPENDED OR STOPPED, this is an 
IRREVOCABLE DECISION."

		(2) "I must complete 36 months of active duty service (24 months if my enlistment 
is for less than 36 months) before I am entitled to the current rate of monthly benefits. 
The MGIB provides benefits for a period of 36 months."

		(3) "I must complete at least 24 months of a 3 year active duty service obligation 
and if my obligation is 2 years I may join and serve honorably in the Selected Reserve 
for a minimum of 48 months to qualify for the current active duty benefit rate. A (one) 
period of service CANNOT qualify me for both active and reserve MGIB benefits."

	b. On 26 April 2010, he signed a DA Form 3286 (Statement for Enlistment United 
States Army Enlistment Program) (Annex A), acknowledging his understanding of the 
below requirements, in pertinent part:

		(1) 2 years of service provides for $1,073 MGIB monthly payment; maximum total 
payment $38,628 MGIB; 
		(2) 3 years of service provides for $1,321 MGIB monthly payment; maximum total 
payment $47,556 MGIB; and

		(3) "I understand that if I fail to complete my initial term of service in the 
incentivized MOS in which I was contracted due to my own misconduct, performance or 
reasons other than the needs of the Department of the Army, resulting in failure to attain 
the bonus MOS, my bonus eligibility will be terminated and any unearned amount 
received will be subject to recoupment, in accordance with AR 601-280."

	c. On 8 August 2010, he signed a DA Form 3286 (Annex B) acknowledging his 
understanding of the below requirements, in pertinent part:

*	Incentive Enlistment Program (US Army Cash Bonus, 4-year enlistment) 
amount $6,000
*	I must stay qualified in my incentive MOS for the duration of my initial 
enlistment, unless otherwise directed by Headquarters, Department of the 
Army

	d. The applicant’s record is void of the complete facts and circumstances that led to 
his separation. 

	e. On 18 December 2012, he was honorably released from active duty and 
transferred to United States Army Reserve (USAR) Control Group Annual Training. His 
DD Form 214 shows he was separated by reason of a condition, not a disability under 
the provisions of Army Regulation (AR) 635-200 (Active Duty Enlisted Administrative 
Separations), paragraph 5-17. He completed 2 years, 3 months, and 11 days of active 
service this period. Enlistment bonus paid: $6,000, 20110630. Member was entitled to 
no involuntary separation pay upon separation, action will be taken to recoup portions of 
any enlistment bonuses received. 

	f. Orders 16-174-00034, issued by Headquarters, 81st Regional Support Command, 
Fort Jackson, SC, on 22 June 2016, shows he was reduced in grade from specialist E-4 
to private E-1 effective 22 June 2016. Also he was discharged from the USAR under 
other than honorable conditions UP of AR 135-178 (Enlisted Administrative 
Separations).

	g. The applicant provided DVA letter dated 15 January 2021, shows benefits he is 
receiving is 100% service connected disability effective 1 December 2020.

4. MEDICAL REVIEW:

The Army Review Boards Agency (ARBA) Medical Advisor was asked to review this 
case. Documentation reviewed included the applicant’s ABCMR application and 
accompanying documentation, the military electronic medical record (AHLTA), the VA 
electronic medical record (JLV), the electronic Physical Evaluation Board (ePEB), the 
Medical Electronic Data Care History and Readiness Tracking (MEDCHART) 
application, and the Interactive Personnel Electronic Records Management System 
(iPERMS).  The ARBA Medical Advisor made the following findings and 
recommendations:   

    a.  The applicant is applying to the ABCMR requesting, in essence, a referral to the 
Disability Evaluation System (DES).  He states:

“The Army used chapter code 5-17 to get me out because I had hurt my neck. 
and knees from being airborne even though I should have been medically retired. 
After the military, I have been dealing with multiple issues with health and now 
am a 100% disabled veteran T&P since January 2020.”

    b.  The Record of Proceedings details the applicant’s military service and the 
circumstances of the case.  His DD 214 shows he entered the Regular Army on 8 
September 2010 and received an honorable discharge on 18 December 2012 under the 
separation authority provided by paragraph 15-17 of AR 635-200, Active Duty Enlisted 
Administrative Separations (17 December 2009): Other designated physical or mental 
conditions.  His DD 214 shows no service in a designated imminent danger pay area.

    c.  Paragraph 5-17a of AR 635-200:

Commanders specified in paragraph 1–19 may approve separation under this 
paragraph on the basis of other physical or mental conditions not amounting to 
disability (AR 635–40) and excluding conditions appropriate for separation 
processing under paragraph 5–11 or 5–13 that potentially interfere with 
assignment to or performance of duty.  Such conditions may include, but are not 
limited to —

(1) Chronic airsickness.
(2) Chronic seasickness.
(3) Enuresis.
(4) Sleepwalking.
(5) Dyslexia.
(6) Severe nightmares.
(7) Claustrophobia.
(8) Transsexualism/gender transformation in accordance with AR 40-501 
paragraph 3-35.
(9) Other disorders manifesting disturbances of perception, thinking, 
emotional control or behavior sufficiently severe that the Soldier’s ability to 
effectively perform military duties is significantly impaired.

    d.  AHTLA reveals numerous encounters for cervicalgia (neck pain).  The first was on 
31 October 2011:

“Neck pain x 2 weeks during combatives.  Patient doesn't remember a specific 
MOI (mechanism of injury) and didn't have pain until after combatives.  Patient 
reports central neck pain and mid-back pain with intermittent radiating pain into 
right upper arm.”  

    e.  Radiographs of the neck were essentially normal.  The applicant was treated 
conservatively and was referred to physical therapy.  At his physical therapy visit on 5 
January 2012: “SM {service member} states overall his neck is feeling better with right 
radiculopathy less severe and frequent.”  

    f.  Physical therapy ended on 19 January 2012, but he returned on 4 May 2012 after 
having been in a motor vehicle accident (MVA) toward the end of April:

“SM states he was doing pretty good as related to his previous right upper 
extremity radiculopathy until he was involved in a MVA on 22APR12. SM states 
the front end of his vehicle struck that of another vehicle. Patient states his wife 
had to go to the ER; however, he had no symptoms until 2 days after the 
accident.”

    g.  He was seen by physical therapy two more times in May and once in June.  He 
returned to physical therapy in September, again for neck and right arm pain.  From his 
3 October 2012 visit with a provider:

“His Physical Therapist reported to me that he was told by the patient that he had 
gotten a lawyer prior to seeking medical care after he had been in an MVA in 
April.  Pt has been seen 76 times by licensed providers in 22 months.  He has 30 
visits for cervicalgia alone.  He also expressed satisfaction at being given a 
permanent profile with follow on referral to MEB.”

    h.  Radiographs and CT were normal except for “Minor right neural foraminal 
narrowing secondary to uncovertebral degenerative change and mild facet hypertrophy” 
noted on the CT.  A secondary diagnosis of malingering was considered at this time.  
On 22 October 2012, his provider was consulted by the battalion’s judge advocate 
concerning the possibility of the applicant receiving non-judicial punishment for 
malingering.  The provider diagnosed the applicant with malingering on 23 October 
2012:

(1) “MALINGERING: I believe this patient is deliberately avoiding military duty and 
seeking disability, based upon his: 1. Work performance assessments by 4 
members of his chain of command.  2. Seeking excessive medical attention.  3. 
exaggerated symptoms which can't be corroborated by objective testing.  I 
formally counseled him for the 2nd time today that he met criteria for malingering 
and that I had discussed it with his chain of command.

(2) Comments: I will continue to address his subjective complaints, primarily by 
consulting disinterested providers.   He will meet with clinical psychology for his 
to address excessively seeking medical attention.”

    i.  His final AHLTA encounter is dated 26 October 2012 at which time he was seen for 
behavioral health concerns:

(1) Chief Complaint: “I don't know why I'm here, Doc . {his primary care provider} 
referred me, I guess.”

(2) Depression Increase in depressive symptoms since wife left.  Prior to that, noted 
some symptoms of depression - primarily related to pain.  Difficulties sleeping 
(b/c of pain), loss of interest/activities (b/c of pain - used to be active in sports); 
low energy (b/c of pain and limited physical activities).  Denied any S.I.  Noted 
history of BH care at age 16 - was taken to hospital for eval but not hospitalized 
after passive suicide attempt - had knife out - did not cut self.  

(3) This was in context of divorced family dynamics and stress at father's home.  
Saw counselor on outpatient basis for 2-3 months.  No meds.  No other history of 
BH care, recently, insomnia because of anticipation of pain, insomnia due to 
pain, and loss of interest in activities.  No previous suicide attempt.  Being upset 
by problems at home or work SM feels unit not supportive, can't perform duty to 
their standards, desires exit from Army given pain that apparently does not meet 
MEB criteria and marital problems.

(4) Adjustment Disorder with Depressed Mood: SM seen from 1000-1130.

(5) Discussed with SM possibility of considering an SSRI or even a tricyclic for 
pain/mood symptoms given chronicity - SM declined at this time but stated he 
would consider it in future if symptoms persisted.  No other referrals appear 
indicated at this time.  Should SM Command desire Chapter 5-17, will complete 
3822 as SM gave permission to do so.  Will not require an additional evaluation.  

    j.  There are no AHLTA encounters from this day, 26 October 2012, thru his 
discharge on 18 December 2012.

    k.  Neither the applicant’s separation packet nor documentation addressing his 
discharge were submitted with the application or uploaded into iPERMS.

    l.  While the applicant appears to have had neck pain, there insufficient evidence the 
applicant had any medical condition which would have failed the medical retention 
standards of chapter 3, AR 40-501 prior to his discharge.  Thus, there was no cause for 
referral to the Disability Evaluation System.  

    m.  Orders show he voluntarily transferred from one USAR unit (USAR Control group 
(AT)) to another unit (390 Engineer Company C (Vertical)) on 30 October 2014.  This 
suggests the applicant was able to serve and was not limited by his neck pain after his 
discharge form the Army.  

    n.  Orders published by the 81st Regional Support Command show the applicant was 
reduced in rank from Specialist (E4) to Private (E1) and received an under other than 
honorable conditions discharge from the USAR on 22 June 2016.  Neither the 
applicant’s separation packet nor documentation addressing this discharge were 
submitted with the application or uploaded into iPERMS.

    o.  The applicant states and review of his records in JLV shows he has been awarded 
multiple VA service connected disability ratings.  However, the DES compensates an 
individual only for service incurred medical condition(s) which have been determined to 
disqualify him or her from further military service.  The DES has neither the role nor the 
authority to compensate service members for anticipated future severity or potential 
complications of conditions which were incurred or permanently aggravated during their 
military service; or which did not cause or contribute to the termination of their military 
career.  These roles and authorities are granted by Congress to the Department of 
Veterans Affairs and executed under a different set of laws.

    p.  Based on the information currently available, it is the opinion of the Agency 
Medical Advisor that a referral of his case to the Disability Evaluation System is 
unwarranted.

BOARD DISCUSSION:

1. After reviewing the application, all supporting documents, and the evidence found 
within the military record, the Board found that relief was not warranted. The Board 
carefully considered counsel’s statement, the applicant's record of service, documents 
submitted in support of the petition and executed a comprehensive and standard review 
based on law, policy and regulation. Upon review of the applicant’s petition, available 
military records and the medical review the Board concurred with the advising official 
finding there is insufficient evidence the applicant had any medical condition which 
would have failed the medical retention. The Board determined there is insufficient 
evidence that would support referral to the Disability Evaluation System (DES).

2.  The Board determined DES compensates an individual only for service incurred 
condition(s) which have been determined to disqualify him or her from further military 
service.  The DES has neither the role nor the authority to compensate service 
members for anticipated future severity or potential complications of conditions which 
were incurred or permanently aggravated during their military service; or which did not 
cause or contribute to the termination of their military career.  Based on this, the Board 
denied relief.

3.. The applicant’s request for a personal appearance hearing was carefully considered.  
In this case, the evidence of record was sufficient to render a fair and equitable 
decision.  As a result, a personal appearance hearing is not necessary to serve the 
interest of equity and justice in this case.


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.


REFERENCES:

1. Title 10, United States Code, section 1552(b), provides that applications for 
correction of military records must be filed within 3 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 3-year statute of limitations if the ABCMR determines it 
would be in the interest of justice to do so.

2. Army Regulation (AR) 15-185 (Army Board for Correction of Military Records) 
prescribes the policies and procedures for correction of military records by the Secretary 
of the Army acting through the ABCMR.

	a. The ABCMR begins its consideration of each case with the presumption of 
administrative regularity. The applicant has the burden of proving an error or injustice by 
a preponderance of the evidence.

	b. Paragraph 2-11 states applicants do not have a right to a formal hearing before 
the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice 
requires.

3. AR 635-200 (Active Duty Enlisted Administrative Separations) sets forth the basic 
authority for the separation of enlisted personnel. Paragraph 5-17 provides for the 
separation of Soldiers on the basis of other physical or mental conditions not amounting 
to disability that potentially interfere with assignment to or performances of duty. Such 
conditions may include, but are not limited to, disorders manifesting disturbances of 
perception, thinking, emotional control or behavior sufficiently severe that the Soldier’s 
ability to effectively perform military duties is significantly impaired.

4. Title 10, U.S. Code, chapter 61, provides the Secretaries of the Military Departments 
with authority to retire or discharge a member if they find the member unfit to perform 
military duties because of physical disability.  The U.S. Army Physical Disability Agency, 
under the operational control of the Commander, U.S. Army Human Resources 
Command (HRC), is responsible for administering the PDES and executes Secretary of 
the Army decision-making authority as directed by Congress in chapter 61 and in 
accordance with Department of Defense Directive 1332.18 and Army  
Regulation 635-40.

	a.  The objectives of the system are to:

*	maintain an effective and fit military organization with maximum use of 
available manpower
*	provide benefits for eligible Soldiers whose military service is terminated 
because of service-connected disability
*	provide prompt disability processing while ensuring that the rights and 
interests of the government and the Soldier are protected

	b.  Soldiers are referred to the PDES:

*	when they no longer meet medical retention standards in accordance with 
Army Regulation 40-501 (Standards of Medical Fitness), chapter 3, as 
evidenced in a medical evaluation board
*	receive a permanent medical profile, P3 or P4, and are referred by an 
MOS Medical Retention Board
*	are command-referred for a fitness-for-duty medical examination
*	are referred by the Commander, Human Resources Command

	c.  The PDES assessment process involves two distinct stages: the MEB and the 
PEB.  The purpose of the MEB is to determine whether the service member’s injury or 
illness is severe enough to compromise his/her ability to return to full duty based on the 
job specialty designation of the branch of service.  A PEB is an administrative body 
possessing the authority to determine whether or not a service member is fit for duty.  A 
designation of “unfit for duty” is required before an individual can be separated from the 
military because of an injury or medical condition.  Service members who are 
determined to be unfit for duty due to disability are either separated from the military or 
are permanently retired, depending on the severity of the disability and length of military 
service.  Individuals who are “separated” receive a one-time severance payment, while 
veterans who retire based upon disability receive monthly military retirement payments 
and have access to all other benefits afforded to military retirees. 

	d.  The mere presence of a medical impairment does not in and of itself justify a 
finding of unfitness.  In each case, it is necessary to compare the nature and degree of 
physical disability present with the requirements of the duties the Soldier may 
reasonably be expected to perform because of his or her office, grade, rank, or rating.  
Reasonable performance of the preponderance of duties will invariably result in a 
finding of fitness for continued duty.   A Soldier is physically unfit when a medical 
impairment prevents reasonable performance of the duties required of the Soldier's 
office, grade, rank, or rating.

5.  Army Regulation 40-501 (Standards of Medical Fitness) provides that for an 
individual to be found unfit by reason of physical disability, he or she must be unable to 
perform the duties of his or her office, grade, rank or rating.  Performance of duty 
despite impairment would be considered presumptive evidence of physical fitness.

6.  Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or 
Separation) establishes the Physical Disability Evaluation System (PDES) and sets forth 
policies, responsibilities, and procedures that apply in determining whether a Soldier is 
unfit because of physical disability to reasonably perform the duties of his or her office, 
grade, rank, or rating.  It provides that an MEB is convened to document a Soldier's 
medical status and duty limitations insofar as duty is affected by the Soldier's status.  A 
decision is made as to the Soldier's medical qualifications for retention based on the 
criteria in Army Regulation 40-501.  Disability compensation is not an entitlement 
acquired by reason of service-incurred illness or injury; rather, it is provided to Soldiers 
whose service is interrupted and who can no longer continue to reasonably perform 
because of a physical disability incurred or aggravated in service.

	a.  Paragraph 2-1 provides that the mere presence of impairment does not of itself 
justify a finding of unfitness because of physical disability.  In each case, it is necessary 
to compare the nature and degree of physical disability present with the requirements of 
the duties the member reasonably may be expected to perform because of his or her 
office, rank, grade, or rating.  The Army must find that a service member is physically 
unfit to reasonably perform his or her duties and assign an appropriate disability rating 
before he or she can be medically retired or separated.

	b.  Paragraph 2-2b(1) provides that when a member is being processed for 
separation for reasons other than physical disability (e.g., retirement, resignation, 
reduction in force, relief from active duty, administrative separation, discharge, etc.), his 
or her continued performance of duty (until he or she is referred to the PDES for 
evaluation for separation for reasons indicated above) creates a presumption that the 
member is fit for duty.  Except for a member who was previously found unfit and 
retained in a limited assignment duty status in accordance with chapter 6 of this 
regulation, such a member should not be referred to the PDES unless his or her 
physical defects raise substantial doubt that he or she is fit to continue to perform the 
duties of his or her office, grade, rank, or rating.

	c.  Paragraph 2-2b(2) provides that when a member is being processed for 
separation for reasons other than physical disability, the presumption of fitness may be 
overcome if the evidence establishes that the member, in fact, was physically unable to 
adequately perform the duties of his or her office, grade, rank, or rating even though he 
or she was improperly retained in that office, grade, rank, or rating for a period of time 
and/or acute, grave illness or injury or other deterioration of physical condition that 
occurred immediately prior to or coincidentally with the member's separation for reasons 
other than physical disability rendered him or her unfit for further duty.

	d.  Paragraph 4-10 provides that MEBs are convened to document a Soldier's 
medical status and duty limitations insofar as duty is affected by the Soldier's status.  A 
decision is made as to the Soldier's medical qualification for retention based on criteria 
in Army Regulation 40-501, chapter 3.  If the MEB determines the Soldier does not meet 
retention standards, the board will recommend referral of the Soldier to a PEB.

	e.  Paragraph 4-12 provides that each case is first considered by an informal PEB.  
Informal procedures reduce the overall time required to process a case through the 
disability evaluation system.  An informal board must ensure that each case considered 
is complete and correct.  All evidence in the case file must be closely examined and 
additional evidence obtained, if required.

7. 38 USC 1110 (General - Basic Entitlement): For disability resulting from personal 
injury suffered or disease contracted in line of duty, or for aggravation of a preexisting 
injury suffered or disease contracted in line of duty, in the active military, naval, or air 
service, during a period of war, the United States will pay to any veteran thus disabled 
and who was discharged or released under conditions other than dishonorable from the 
period of service in which said injury or disease was incurred, or preexisting injury or 
disease was aggravated, compensation as provided in this subchapter, but no 
compensation shall be paid if the disability is a result of the veteran's own willful 
misconduct or abuse of alcohol or drugs.

8. 38 USC 1131 (Peacetime Disability Compensation - Basic Entitlement): For disability 
resulting from personal injury suffered or disease contracted in line of duty, or for 
aggravation of a preexisting injury suffered or disease contracted in line of duty, in the 
active military, naval, or air service, during other than a period of war, the United States 
will pay to any veteran thus disabled and who was discharged or released under 
conditions other than dishonorable from the period of service in which said injury or 
disease was incurred, or preexisting injury or disease was aggravated, compensation as 
provided in this subchapter, but no compensation shall be paid if the disability is a result 
of the veteran's own willful misconduct or abuse of alcohol or drugs.
9. 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.  Participation in the program is 
automatic, unless the soldier voluntarily withdraws from the program at the time of 
processing into the Army at a reception station.  Under normal situations, the $1,200.00 
contribution is nonrefundable.  After completion of their service obligation, he or she is 
entitled to up to 36 months of educational benefits.  The program is administered by the 
Veterans Administration (VA).  VA regulations specify that if a soldier is separated prior 
to the normal expiration of his or her term of service, the separation must be for 
hardship, medical disability or for the convenience of the government.  Also, he or she 
must have served in excess of 20 months for an enlistment of less than 3 years, and in 
excess of 30 months for an enlistment of 3 years or more.  In all cases, the soldier’s 
service must be considered fully honorable.

10.  Army Regulation 601-210 Active and Reserve Components Enlistment Program), in 
effect at the time, prescribed eligibility criteria governing the enlistment of persons, with 
or without prior service (PS), into the Regular Army (RA), the U.S. Army Reserve 
(USAR), and the Army National Guard (ARNG).

	a. Paragraph 3-13 (MGIB) provides that any applicant who entered active duty for 
the first time after 1 July 1985 in any Regular Component of the Armed Forces and who 
has not declined MGIB during his/her initial term of service is eligible to participate in the 
MGIB. Guidance counselors will ensure that these applicants understand their eligibility 
for enrollment in MGIB and ensure these applicants initial in the appropriate column of 
DA Form 3286. Individuals who have not declined MGIB upon initial entry to active duty, 
but who separate early and do not fulfill the requirements for entitlements to the MGIB 
(such as hardship), can now earn such entitlement by fully and honorably completing a 
subsequent term of service.

	b. Paragraph 9–9 (Enlistment Program 9C, U.S. Army Incentive Enlistment Program 
(Enlistment Bonus, Army College Fund, Loan Repayment Program)) provides, in 
pertinent part, that this program is available to qualified Non-Prior Service (NPS), Prior 
Service (PS), Glossary NPS, and Army Civilian Acquired Skills Program (ACASP) 
applicants enlisting for the minimum term of enlistment, when authorized by HQDA 
Enlistment Incentives Message. All enlistees must meet the prerequisites before and 
after enlistment. Under this program, enlistees may be eligible for, in pertinent part, the 
Enlistment Bonus (EB) and the Army college fund (ACF). Persons who do not complete 
their term of enlistment for which the EB was paid, or persons who are not technically 
qualified in the skill for which the EB was paid, may be required to refund the unearned 
portion of such EB. Persons who immediately reenlist before completion of the term of 
service for which a bonus was paid will not be subject to repayment of bonus if 
reenlistment period exceeds remaining enlistment bonus period by at least 2 years. 
Unserved bonus period may not be used for SRB computation. Applicants will be 
advised that attendance at AIT requires successful completion of BT, if required, and 
qualification for security clearance, if required.

		(1) The bonus is payable in accordance with the current HQDA Enlistment 
Incentive Message as published by Enlisted Accession Division, DAPE–MPA.

		(2) The ACF is payable at first duty station after being awarded his or her MOS. 
The ACF program provides additional education assistance in addition to that earned 
under the MGIB. The money earned is deposited in the Soldier’s VA account. Normally, 
the funds will be dispersed to the participant in 36 equal monthly installments while the 
person is enrolled in an approved program of education. A Soldier who fails to qualify 
for MGIB (for example, if he or she separates with a less than an honorable discharge) 
or who fails to complete their initial term of enlistment in the MOS which offered the 
ACF, forfeits entitlement to all benefits provided by ACF, unless discharged for service 
connected disability, hardship, or convenience of the Government. If discharged for the 
convenience of the Government, the following minimum time must have been served: 
20 months for 2-year enlistees and 30 months for all other terms (3 years or longer). 
Although an individual who separates early for certain qualifying reasons may earn 
partial (for example, hardship or disability) or even full MGIB (for example, in instance of 
convenience of the Government discharge with 20/30-month rule). The ACF is earned 
on a prorated basis for up to 36 months. Individuals who contract for the ACF for 3 or 
more enlistments who do not complete at least 36 months, but who may be eligible for 
partial or even full “basic” MGIB, will have a reduced/prorated ACF. ACF participants 
must enroll in the basic MGIB. Applicants will have $100/month reduced from their pay 
during their first year on active duty. Once a decision to enroll in the MGIB has been 
made, this decision cannot be withdrawn, the monthly pay deduction cannot be stopped 
(until $1200 has been collected) and the deductions are nonrefundable.

11. Army Regulation 621-202 (Regular Army and Army Reserve Enlistment Program) 
provides, in pertinent part, eligibility requirements for receiving benefits under the MGIB.  
This regulation provides that a Soldier must have served 3 or more years of continuous 
active duty if the initial obligated period of service was 3 or more years.  This regulation 
further provides that a Soldier who is discharged for the convenience of the government 
whose initial active duty is 3 or more years must complete at least 30 months of 
continuous active duty.  This regulation further provides that Soldiers who do not 
complete the qualifying term of service have no educational benefits and will not receive 
a refund of the $1200 reduction in pay.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20210017219


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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