RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-02563 INDEX CODE: 100.00 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: She be entitled to use the money she paid into the Montgomery GI Bill (MGIB). ________________________________________________________________ APPLICANT CONTENDS THAT: She was informed that if she agreed to a quicker discharge she would be eligible to use the MGIB. She is also unable to use the money she invested into the program. In support of the appeal, applicant submits three Character Reference Letters, a copy of a Certificate of Appreciation, and a copy of her DD Form 214, Certificate of Release or Discharge from Active Duty. Applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant contracted her initial enlistment in the Regular Air Force on 29 Nov 90, in the grade of airman basic. During her in-processing at Lackland AFB, TX, on 11 Dec 90, she completed Section 2 of DD Form 2366, Veterans Educational Assistance Act of 1984, indicating she understood she was eligible for the MGIB. On 25 Jan 1994, the commander notified her of his intention to recommend her for discharge, citing 15 infractions ranging from indebtedness to wearing an unauthorized jewelry item in her nose during an inspection. These specifications were documented with letters of reprimand/counseling since 10 Sep 91. The applicant was advised of her right to consult counsel and submit statements in her own behalf. She acknowledged receipt on 25 Jan 94. On 3 Feb 94, she was recommended for a general discharge for minor disciplinary infractions. She consulted counsel and waived her right to submit statements. The case was found legally sufficient and probation and rehabilitation (P&R) were not considered appropriate since the applicant did not react positively to any of the numerous disciplinary actions taken against her. The discharge authority concurred and directed her general discharge without P&R. She was subsequently discharged in the grade of senior airman on 17 Feb 94, under the provisions of AFR 39-10, Administrative Separation of Airmen, for Misconduct. She received a general (under honorable conditions) characterization of service. She served 3 years, 2 months, and 19 days of active duty. In an application dated 22 Jun 94, the applicant appealed to the Air Force Discharge Review Board (AFDRB) to upgrade her general (under honorable conditions) discharge to honorable. On 18 Oct 96, the AFDRB denied her appeal. On 20 May 97, the Air Force Board for Correction of Military Records denied the applicant’s request to upgrade her general (under honorable conditions) discharge to honorable (Exhibit B). The All-Volunteer Force Assistance Program (38 U.S.C., Chapter 30), known as the MGIB, provides benefits for a variety of education and training programs. The law stipulates that all MGIB-eligible individuals are automatically enrolled in the MGIB upon entering active duty and are given a one-time opportunity to disenroll should they desire not to participate in the program. The enrollment decision is confirmed when an individual signs the appropriate blocks of a DD Form 2366. All participants must complete an active duty commitment, receive an honorable separation or discharge, and claim benefits within 10 years of leaving active duty. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIT makes no recommendation and states, in part, that the applicant accepted her automatic enrollment by signing a DD Form 2366 on 11 Dec 90, which also served as an acknowledgment of understanding the conditions for participation in the program. The conditions include the understanding that if enrolled in the MGIB, basic pay will be reduced $100 per month for each of the first full 12 months of active duty and cannot be refunded, suspended, or stopped. She must receive an honorable discharge for service which establishes entitlement to the MGIB. She must use her benefits within 10 years of separating or discharge from active duty. The applicant received a general (under honorable conditions) discharge after serving 3 years, 2 months, and 19 days of active duty service. On 18 Oct 96, the Air Force Discharge Review Board denied the applicant’s request to upgrade the characterization of her discharge to honorable. The Department of Veterans Affairs (DVA) will deny an MGIB application because the applicant received a general discharge, did not complete the required service, and allowed the 10-year time frame in which to use the benefits to expire. The AFPC/DPSIT evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A complete copy of the evaluation was forwarded to the applicant on 5 Oct 07, for review and comment, within 30 days. However, as of this date, no response has been received by this office. ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 3. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. In regard to the applicant’s contention that she was misinformed that a quicker discharge would entitle her to the MGIB, no evidence has been presented to substantiate her claim. While the Board finds her desire to pursue a higher education commendable, by law, she is ineligible for benefits under the MGIB, as she did not fulfill the criteria for participation as set forth by Title 38 U.S.C, Chapter 30. Therefore, the Board agrees with the opinion and recommendation of the Air Force office of primary responsibility and adopts its rationale as the basis for their conclusion that she has not been the victim of an error or injustice. In the absence of persuasive evidence to the contrary, the Board finds no compelling basis to recommend granting the relief sought in this application. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of an error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. ________________________________________________________________ The following members of the Board considered Docket Number BC- 2007-02563 in Executive Session on 3 Jun 08, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 3 Aug 07, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIT, dated 18 Sep 07. Exhibit D. Letter, SAF/MRBR, dated 5 Oct 07.