RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-03119
INDEX NUMBER: 128.00
XXXXXXXXXXX COUNSEL: None
XXX-XX-XXXX HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His original declination of participation in the Montgomery GI Bill
(MGIB) be voided and he be allowed to enroll.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He mistakenly signed the DD Form 2366 in the wrong block disenrolling
from the MGIB. He was never advised that he had disenrolled. After
he received his first two leave and earning statements, he noticed
that MGIB deductions were not being taken from his pay. He wants to
further his education after his term in the Air Force.
The applicant’s complete submission, with attachments, is at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is presently serving on active duty in the grade of
airman basic (AB). His Total Active Federal Military Service Date is 3
Jun 03.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPAT recommends denial of the applicant’s request. The MGIB
briefing conducted at Basic Military Training is designed to give each
member a clear picture of the benefit and implication should he or she
choose to disenroll. When the DD Form 2366 is passed out, the
instructor directs each individual to complete Sections 1a and b. The
instructor then begins a detailed review of each item in Section 3,
“Statement of Understanding.” In Section 3, item 1, individuals
acknowledge that they are automatically enrolled in the program unless
they exercise the option to disenroll by signing Section 5, “Statement
of Disenrollment.” The MGIB briefing contents, procedural steps,
delivery, and instructors are continually reviewed and critiqued with
little or no notice. Instructors are directed and required to remain
neutral on the MGIB election made by individuals in regard to
acceptance or disenrollment from the MGIB.
The complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant for
review and comment within 30 days. To date, a reply has not been
received.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law
or regulations.
2. The application was timely filed.
3. Sufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. While it does appear that the
applicant voluntarily signed the Montgomery GI Bill Statement of
Disenrollment, the Board does not find it unreasonable that someone of
his grade and time in the Air Force did not fully comprehend the
impact of this action or that he mistakenly signed in the wrong block.
Additionally, the Board notes that a relatively short timeframe has
elapsed since the applicant disenrolled from the MGIB. As such, we
believe that the applicant should be given the benefit of the doubt
regarding his assertion that his disenrollment from the MGIB was
unintentional. Therefore, we recommend that the applicant’s record be
corrected as indicated below.
_______________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that on 9 Jun 03 he did
not elect not to participate in the Montgomery GI Bill.
_______________________________________________________________
The following members of the Board considered Docket Number BC-2003-
03119 in Executive Session on 19 Nov 03, under the provisions of AFI
36-2603:
Thomas S. Markiewicz, Chair
Ms. Martha Maust, Member
Ms. Carolyn B. Willis, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 9 Sep 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPPAT, dated 3 Oct 03.
Exhibit D. Letter, SAF/MRBR, dated 10 Oct 03.
THOMAS S. MARKIEWICZ
Chair
AFBCMR BC-2003-03119
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the
authority of Section 1552, Title 10, United States Code (70A Stat
116), it is directed that:
The pertinent military records of the Department of the Air
Force relating to XXXXXXXX, XXX-XX-XXXX, be corrected to show that
on 9 Jun 03 he did not elect not to participate in the Montgomery
GI Bill.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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