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AF | BCMR | CY2003 | BC-2003-03119
Original file (BC-2003-03119.doc) Auto-classification: Approved

                       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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