RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-02242
INDEX CODE: 100.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 19 JAN 07
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect he enrolled in the Montgomery GI
Bill (MGIB).
_________________________________________________________________
APPLICANT CONTENDS THAT:
During Basic Military Training (BMT) he was misinformed regarding the
options of enrolling in the MGIB.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Information extracted from the Personnel Data System (PDS) indicates
the applicant entered the Regular Air Force (RegAF) on 15 July 1985
and was progressively promoted to the grade of master sergeant (MSgt)
on 1 September 2001.
The applicant’s records reflect he declined participation in the MGIB
upon entry on active duty in July 1985.
Public Law (PL) 101-689 was established to allow those servicemembers
who entered active duty from 1 July 1985 through 30 June 1988, who
declined participation in the MGIB upon entry on active duty, another
opportunity to enroll during the open period.
A DOD-wide publicity campaign began in December 1988 and continued
through June 1989. The Air Staff, to ensure all potential applicants
were afforded the opportunity to reenroll in the MGIB, implemented an
advertising campaign that included memorandums, notices on Leave and
Earnings Statements (LES), newspaper articles, base bulletin notices,
and commander calls.
On 19 January 1989, the applicant signed a DD Form 2366, Veteran’s
Educational Assistance Act of 1984 (New GI Bill), but did not make an
election to participate in the GI Bill. However, he did initial the
DD Form 2366, indicating he understood the options of the GI Bill and
was eligible to enroll during the open period.
The applicant retired on 1 August 2005, in the grade of MSgt after
serving 20 years and 17 days of active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPAT states the applicant was provided two opportunities to
enroll in the MGIB program. They found no indication the Air Force
erred by not informing the applicant of the program or its enrollment
requirements. Furthermore, the information on the MGIB open
enrollment was widely advertised and available to those who were
interested in reenrolling in the program during the open season.
AFPC/DPPAT further states to allow the applicant another opportunity
to reenroll in the MGIB would be a violation of the law.
A complete copy of the AFPC/DPPAT evaluation, with attachments, is at
Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on 5
August 2005 for review and response. As of this date, no response has
been received by this office (Exhibit D).
_________________________________________________________________
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 an error or an injustice. The applicant's complete
submission was thoroughly reviewed and his contentions were duly
noted; however, we do not find the applicant’s assertions sufficiently
persuasive to override the rationale provided by the Air Force office
of primary responsibility (OPR). The evidence of record indicates the
applicant was afforded the opportunity to enroll in the MGIB in 1985
and again in 1989 and declined participation on both occasions. The
applicant has not provided sufficient persuasive evidence that he was
miscounseled regarding his opportunities to enroll in the MGIB.
Therefore, in view of the foregoing, and in the absence of sufficient
evidence which shows to our satisfaction that he was not properly
advised regarding enrolling in the MGIB, we agree with the
recommendation of the OPR and adopt its rationale as the basis for our
decision that the applicant has failed to sustain his burden of
establishing that he has suffered either an error or an injustice.
Accordingly, 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 AFBCMR Docket Number BC-
2005-02242 in Executive Session on 15 February 2006, under the
provisions of AFI 36-2603:
Ms. Kathleen F. Graham, Panel Chair
Mr. Wallace F. Beard, Jr., Member
Ms. Karen A. Holloman, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 Jun 05, w/atch.
Exhibit B. Military Personnel Records.
Exhibit C. Letter, AFPC/DPPAT, dated 26 Jul 05.
Exhibit D. Letter, SAF/MRBR, dated 5 Aug 05.
KATHLEEN F. GRAHAM
Panel Chair
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