Citation Nr: 18143550
Decision Date: 10/19/18	Archive Date: 10/19/18

DOCKET NO. 10-40 642A
DATE:	October 19, 2018
ORDER
Entitlement to education benefits under the provisions of the Montgomery GI Bill Selected Reserves (MGIB-SR) is denied.
FINDINGS OF FACT
1. The Veteran served in the Army National Guard from March 1995 to May 2002.
2. The Veteran’s eligibility for MGIB-SR was terminated effective May 31, 2002. 
CONCLUSION OF LAW
The criteria for educational assistance eligibility under the Montgomery GI Bill for selected reserve service, are not met. 10 U.S.C. §§ 16131, 16132, 16133; 38 U.S.C. § 3012 (West 2014); 38 C.F.R. §§ 21.7540, 21.7550, 21.7551 (2017).
REASONS AND BASES FOR FINDINGS AND CONCLUSION
Entitlement to education benefits under the provisions of the Montgomery GI Bill Selected Reserves (MGIB-SR).
The Veteran is seeking eligibility for MGIB-SR for the period following May 31, 2002.  
The eligibility requirements for MGIB-SR education benefits are codified at 10 U.S.C.A § 1606. This program is an educational assistance program for members of the Selected Reserves. The Reserve components decide who is eligible for the program, and VA makes the payments for the program. VA regulations provide that a determination of individual’s eligibility for MGIB-SR benefits is to be made by the Armed Forces, not by VA. 10 U.S.C. § 16132, 38 C.F.R. § 21.7540 (a).
For members of the Selected Reserve to be eligible for MGIB-SR benefits, the reservist must be currently participating satisfactorily in the Selected Reserve, among other requirements. 10 U.S.C. § 16132 (a); 38 C.F.R. § 21.7540 (a).
The Veteran’s Army National Guard Report of Separation and Record of Service noted he served from March 1995 to March 2002.  A Veteran Information Solution print out indicates the Veteran served in the Army National Guard from March 1995 to May 2002.  An August 2010 statement of the case indicated a review of the Veteran’s Department of Defense (DOD) records indicated his eligibility for MGIB-SR education benefits was suspended on May 31, 2002.  The suspension date is confirmed by a February 2010 information print out. 
 
As such, the Veteran is not eligible for MGIB-SR education benefits after May 31, 2002.  The Veteran was no longer serving in the reserves at that time and DOD determined that his eligibility was suspended as of May 31, 2002. Therefore, entitlement to MGIB-SR education benefits for the period after May 31, 2002 must be denied. 
 
M.E. Larkin
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	C. Biggins, Associate Counsel