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AF | BCMR | CY2005 | BC-2005-00113
Original file (BC-2005-00113.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00113
            INDEX CODE:  128.14

            COUNSEL:  NONE

            HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  11 JULY 2006


_________________________________________________________________

APPLICANT REQUESTS THAT:

Her records be corrected to reflect enrollment in  the  Montgomery  GI
Bill (MGIB).

_________________________________________________________________

APPLICANT CONTENDS THAT:

Since she was briefed that if she had used College Loan Repayment Plan
(CLRP), she was not able to enroll in the MGIB.  Since she was briefed
this by her recruiter she opted not to enroll  during  basic  training
because she was told she was ineligible.  Because she was misinformed,
she believes she is entitled  to  enroll  in  this  education  program
during her second term of enlistment.

In support of the appeal, applicant submits a  copy  of  her  AF  Form
3008.  Applicant's complete submission, with attachment, is at Exhibit
A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force  on  16  May  2001  for  a
period of four years.  The applicant enrolled into  the  College  Loan
Repayment Plan (CLRP) in May of 2001 and initialed and signed  her  AF
Form 3008 stating that acceptance of the CLRP negates  the  enrollment
into the MGIB.  It further indicated that the member had to  disenroll
from the MGIB at Basic Military Training because  enrollment  in  MGIB
was automatic.  The applicant is currently serving on active  duty  in
the grade of senior airman.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPAES recommends the applicant be denied.  Based on  all  the
facts presented by the applicant, DPPAES believes she was  well  aware
at her time of entry into active duty that she was not eligible to  be
enrolled into the MGIB.  Also, her communication with the  NCOIC,  Air
Force Education Services shows she was given proper  consideration  by
the appropriate agencies.  A complete copy  of  the  evaluation,  with
attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 18 February 2005, a copy of the Air Force evaluation was  forwarded
to applicant for review and response within 30 days.  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 timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the
existence of error or injustice.   After  reviewing  the  evidence  of
record, we do  believe  the  applicant  has  been  the  victim  of  an
injustice.  It appears  the  applicant  may  not  have  been  properly
counseled concerning  her  eligibility  to  participate  in  both  the
Montgomery GI Bill Program and  the  College  Loan  Repayment  Program
(CLRP) and, more specifically, that her declination  of  MGIB  Program
participation at the time of her 2001 enlistment would be  final.   We
believe any doubt in this matter should be resolved in the applicant’s
favor and, to offset any possibility  of  an  injustice,  her  records
should be corrected to the extent 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 16  May  2001,  she
elected to participate in the Montgomery GI  Bill  (MGIB)  Program  as
well as the College Loan Repayment Program (CLRP).

_________________________________________________________________

The following members of the Board considered  this  application,  BC-
2005-00113, in Executive Session on 5 May 2005 and 4 August 2005 under
the provisions of AFI 36-2603:

                  Mr. Richard A. Peterson, Panel Chair
                  Ms. Sue A. Lumpkins, Member
              Mr. James W. Russell III, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 9 Dec 04.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPAES, dated 11 Feb 05, w/atch.
   Exhibit D.  Letter, SAF/MRBR, dated 18 Feb 05.




                                   RICHARD A. PETERSON
                                   Panel Chair





AFBCMR BC-2005-00113




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 APPLICANT, be corrected to show that on 16 May 2001,
she elected to participate in the Montgomery GI Bill (MGIB) Program as
well as the College Loan Repayment Program (CLRP).





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency


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