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PERS J 26 S Add ND

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PERS J 26 S Add ND

Date
Category
Joint
State
North Dakota
Type Draft
Add Item
State Association First Name
Patrick
State Association Last Name
Flanagan
Proposal Statement
Support legislation adding a provision to Title 10 USC, section 16131 that authorizes the simultaneous use of Federal Tuition Assistance and Montgomery GI Bill-Selected Reserve which will meet the request of the Office of Secretary of Defense Personnel and Readiness (OSD P&R).
Recommendation Information
Amend Title 10 section 16131 by adding the following new subsection (k) as follows; "(k) An individual who is entitled to educational assistance under this chapter, as well as subsection (a) or (c) of section 2007, may receive both benefits at the same time for the same course during that period of concurrent eligibility. The receipt of both benefits at the same time for the same course does not constitute a duplication."

Department of Defense Instruction 1322.17, enclosure 3, para 3b allows the simultaneous use of Tuition Assistance and Montgomery GI Bill-Selected Reserve for service members who are enrolled in a half-time or greater program of education. However, a memorandum signed by the Office of Secretary of Defense Personnel and Readiness, Mr. James Stewart, on 21 Dec 2018, recommended that a legislative change be developed to specifically authorize the use of both benefits simultaneously.

Based on Department of Defense’s interpretation of Department of Defense Instruction 1322.25, on 28 Nov 2014, Mr. Robert Worley, Director of Education Services for the Department of Veteran Affairs, sent an advisory entitled; “Recent Department of Defense Changes to the Tuition Assistance Program” to all Veterans Administration (VA) Education Liaison Representatives and State Approving Agency personnel stating that School Certifying Officials should not certify any class to Veterans Administration (VA) for benefits under chapter 1606 or 1607 if the member is receiving tuition assistance for the class.

Joint Advertising Marketing Research Surveys (JAMRS) consistently indicate that education is the number one reason applicants join the Army National Guard. Prior to 7 July 2014, the use of Federal Tuition Assistance and Montgomery GI Bill -Selected Reserve benefits for the same course was authorized. After publication of Department of Defense Instruction 1322.25, change 3 on 7 July 2014, the concurrent use of Federal Tuition Assistance and Montgomery GI Bill-Selected Reserve for the same course was prohibited. Since this change, Army National Guard Federal Tuition Assistance usage has decreased by over 50 percent from Fiscal Year14 to Fiscal Year18.
Resolution No.
26
Item No
S
Fiscal Year
2021
State Association Email
State Association Phone Number
701-426-3631
Task Force
Personnel/Medical