Citation Nr: 18152482
Decision Date: 11/23/18	Archive Date: 11/23/18

DOCKET NO. 15-18 471A
DATE:	November 23, 2018
REMANDED
Entitlement to educational assistance benefits under Chapter 1606, Title 10, United States Code (Montgomery GI Bill for Selected Reserves) is remanded.
REASONS FOR REMAND
The Veteran served on active duty in the United States Army from August to December 2012. 
The Montgomery GI Bill-Selected Reserve (MGIB-SR) program (Chapter 1606 of Title 10, United States Code) is an educational assistance program for members of the Selected Reserve of the Army, Navy, Air Force, Marine Corps, and Coast Guard, and the Army and Air National Guard. 38 C.F.R. § 21.7520 (2017). The Reserve components decide who is eligible for the program; VA makes the payments for the program. 38 C.F.R. § 21.7540 (2017). Ending dates for eligibility are prescribed by 38 U.S.C. § 16133 (2012) and 38 C.F.R. § 21.7550 (2017). 
Under Chapter 1606, a reservist initially becomes eligible when he or she enlists, reenlists, or extends an enlistment as a reservist so that the total period of obligated service is at least 6 years from the date of such enlistment, reenlistment, or extension. 38 C.F.R. § 21.7540. If a reservist is serving in the Selected Reserve, but does not have a 6-year contract, he or she does not have a basic eligibility date. The basic eligibility date is the date on which service commences for the contracted 6-year period. 
In October 2014, the Veteran’s claim was denied on the basis that, according to the Department of Defense (DoD) he did not have a 6-year obligation in the Selected Reserve. The Veteran responded that he did in fact have a multi-year obligation, and provided paperwork showing that he enlisted in September 2008 for a period of 8 years. However, his claim continued to be denied based on DoD’s response. 
The May 2015 statement of the case did not give any reasons and bases for the continued denial, other than the fact that DoD replied negatively. The Veteran’s period of Reserve service beginning in September 2008 was not addressed.  The Board notes that, since the filing of his substantive appeal in June 2015, the Veteran’s 8-year obligation has possibly been fulfilled. 
As noted supra, eligibility for the program rests not with VA, but with the Reserve components. 38 C.F.R. § 21.7540. In light of the foregoing, the Board finds that it should be determined if the Veteran was erroneously denied benefits, in light of the evidence showing an 8-year enlistment contract. 
The matter is REMANDED for the following action:
Contact the Department of Defense (DoD) and/or the appropriate military authority to again verify the Veteran’s eligibility for education benefits. Provide DoD with a copy of the Veteran’s 2008 enlistment contract. Instruct DoD to determine whether the Veteran is eligible for Chapter 1606 benefits at any time from September 2008 to the present. Notify DoD that, if it determines the Veteran is not eligible for Chapter 1606 benefits for the time period at issue, then it should provide a thorough explanation of its determination. Ask DoD to provide VA copies of any information in its possession used to make this determination.
All requests must be documented, as well as any responses, positive or negative.
 
R. FEINBERG
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Jeremy J. Olsen, Counsel