RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01930
            INDEX CODE:  100.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  18 DECEMBER 2006
_________________________________________________________________

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

During basic training in 2001, he received false information that  led
to declining the MGIB Program.

In support of his request, the applicant submits a statement from  the
Robins  AFB  Education  Office,  with  attachments,   which   includes
statements from the applicant, his commanders, a witness affidavit,  a
copy of DD Form 2366 (Montgomery GI Bill Act of 1984  (MGIB))  and  an
AFAEMS   Summary.    The   applicant’s   complete   submission,   with
attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his enlistment in the Regular Air  Force  in  the
grade of airman first class (E-3) on 28 August 2001 for  a  period  of
four years.  On 12 September 2001, he signed DD Form  2366  indicating
his desire not to enroll in the MGIB, with the understanding he  would
not be able to enroll at a later date.  He was promoted to  the  grade
of senior airman (E-4), with an effective date and date of rank of  28
December 2003.
_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPAT recommends the application be denied.  DPPAT states that
the law stipulates 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.  Eligible  applicants  may  disenroll  after  a  detailed
lecture on benefits.  The Air Force Tuition  Assistance  (TA)  Program
emphasis is on progressive and non-repetitive degree completions  that
include programs of study leading to vocational certificates/diplomas,
associate degrees, baccalaureate degrees and graduate degrees.  The TA
program specifically restricts tuition for duplicate degree levels and
post-masters courses, including doctorates or juris  doctorate  (J.D.)
degrees.

DPPAT indicates the applicant based his decision to decline  the  MGIB
and  to  use  TA  on  information  provided  by  the  basic   training
instructor.  The applicant was referred  to  the  Basic  Training  and
Education Services (BTES) Flight to clear guidance on whether he would
be eligible for TA since  he  already  possessed  a  master’s  degree.
DPPAT  contacted  the  individual  [SrA  R]   who   corroborated   the
applicant’s statement to determine if either  applicant  disclosed  to
the BTES Superintendent that they  possessed  master’s  degrees.   The
witness responded with an uncertain “I thought he did.”   The  witness
did however elect MGIB entitlements.

DPPAT states that approval of the  applicant’s  request  will  violate
Title 38 USC, Chapter 30, Section 3011.   The  applicant  provides  no
evidence of government error or miscounseling during the MGIB briefing
or from BTES personnel.  The applicant’s total of $1,200 pay reduction
was initiated by a system wide error.  However, on 6 July 2005, action
from Defense Accounting and Finance Service (DFAS)  was  initiated  to
refund $1,200 to the  applicant.   The  information  provided  to  the
applicant during the MGIB briefing and BTES is correct in that TA will
pay for a master’s degree.  However, it will not fund duplicate degree
levels.  No evidence has been provided from the BTES Flight to support
his claim.

The HQ AFPC/DPPAT evaluation is at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR STAFF EVALUATION:

The applicant reviewed the advisory opinion and indicates he made  his
decision to disenroll from the MGIB without  being  properly  informed
about the  differences  between  the  MGIB  Program  and  the  Tuition
Assistance (TA) Program.  He was improperly referred to the  Education
Services Flight to answer questions about eligibility.  The  Education
Services Flight counselor  informed  him  that  he  was  eligible  for
tuition assistance, but he failed to  inform  him  that  he  would  be
ineligible to use  tuition  assistance  for  a  duplicate  or  lateral
degree.

In support of  his  application,  the  applicant  submits  a  personal
statement and a statement from a Lead Education Specialist at Lackland
AFB, TX.  The applicant’s complete submission, with attachments, is at
Exhibit E.
_________________________________________________________________

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  an  injustice.   After  carefully  considering  all  the
factors of this case, we are persuaded that the applicant may not have
been properly counseled concerning the differences  between  the  MGIB
and TA Programs.  In addition, we note the individual who corroborated
the applicant’s statement regarding the issue of revealing a  master’s
degree did, in fact, elect MGIB entitlements.  Therefore,  it  is  our
opinion that the applicant’s decision to decline MGIB entitlements was
based on incomplete counseling.  In view of the above  and  to  offset
any possibility of an injustice, we recommend his records 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 12 September 2001,
he elected to participate in the Montgomery GI Bill (MGIB) Program.
_________________________________________________________________

The following members of the Board considered Docket  Number  BC-2005-
01930 in Executive Session on 25 August 2005  and  12 September  2005,
under the provisions of AFI 36-2603:

                  Mr. Gregory H. Petkoff, Panel Chair
                  Ms. Jean A. Reynolds, Member
              Ms. Sharon B. Seymour, Member

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

   Exhibit A.  DD Form 149, dated 10 Jun 05, s/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPAT, dated 11 Jul 05.
   Exhibit D.  Letter, SAF/MRBR, dated 15 July 2005.
   Exhibit E.  Letters from Applicant, dated 1 Aug 05, w/atchs.




                                   GREGORY H. PETKOFF
                                   Panel Chair



AFBCMR BC-2005-01930




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 12 September
2001, he elected to participate in the Montgomery GI Bill (MGIB)
Program.




            JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency