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AF | BCMR | CY2006 | 2006-02698
Original file (2006-02698.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2006-02698
                                             INDEX CODE:  100.00
                                             COUNSEL:  NONE

                                             HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  10 MAR 2008


________________________________________________________________

APPLICANT REQUESTS THAT:

Her records be corrected to show she did not decline to participate  in  the
Montgomery GI Bill (MGIB) benefits program.

________________________________________________________________

APPLICANT CONTENDS THAT:

She misunderstood the information she received on the MGIB program.

In support of her request, applicant provided  a  copy  of  a  Congressional
Inquiry Response to her Congressman.

Applicant’s complete submission, with attachment, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant contracted her initial enlistment in the Regular Air Force  on
18 February 2003, and was progressively promoted  to  the  grade  of  senior
airman.  On  26  February  2003,  she  completed  Section  V,  Statement  of
Disenrollment, DD Form 2366, MGIB Act of 1984,  indicating  that  she  chose
not to participate in the MGIB, with an understanding the  benefits  of  the
MGIB program and that she would not be able to enroll at a later date.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAT recommends denial.  DPPAT states in part the  applicant’s  record
reflects her decision not  to  participate  in  the  MGIB  program  and  her
understanding she would not be able to enroll later.

The applicant completed the DD Form  2366  correctly  and  acknowledged  her
understanding on 26 February 2003, the conditions in  participating  in  the
MGIB program and elected not to participate.  Congress has allowed only  one
open enrollment for  those  who  declined  MGIB  participation.   Currently,
there are no other provisions under 38  U.S.C.  Chapter  30  that  allow  an
individual to reverse their decision once they declined MGIB participation.

The AFPC/DPPAT evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 13  Oct
06, for review and comment within 30 days.  As of  this  date,  this  office
has received no response.

________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing  law  or
regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of  error  or  injustice.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the  case;  however,  we  agree
with the opinion and recommendation of  the  Air  Force  office  of  primary
responsibility and adopt their rationale as the  basis  for  our  conclusion
that the applicant has not  been  the  victim  of  an  error  or  injustice.
Therefore,  in  the  absence  of  evidence  to  the  contrary,  we  find  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 material 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-2006-02698
in Executive Session on 20 December 2006, under the provisions  of  AFI  36-
2603:

                       Mr. Michael J. Novel, Panel Chair
                       Mr. Reginald P. Howard, Member
                       Mr. Vance e. Lineberger, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 31 Aug 06, atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAT, dated 28 Sep 06.
    Exhibit D.  Letter, SAF/MRBR, dated 13 Oct 06.




                                   MICHAEL J. NOVEL
                                   Panel Chair


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