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AF | BCMR | CY2006 | BC-2005-03265
Original file (BC-2005-03265.doc) Auto-classification: Approved



                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-03265
            INDEX CODE:  128.14

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  28 April 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be allowed an opportunity to reverse his declination to  enroll  in
the Montgomery GI Bill (MGIB) or his records be corrected  to  reflect
enrollment in the Enlisted College Loan Repayment Program (ECLRP).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He enlisted in the Regular Air Force on 8  April  2003.   It  was  his
understanding at the time that he may be  eligible  for  the  Enlisted
College Loan Repayment Program (ECLRP).  He therefore, decided not  to
participate in the Montgomery GI Bill when it was offered during Basic
Military Training.  It wasn’t until  recently,  he  believed  the  Air
Force was paying for one-third of his college loans he procured  prior
to enlisting.  This has not been the case.  If he had known  prior  to
attending Basic Military Training that he would not receive ECLRP,  he
most definitely would have chosen to participate in the Montgomery  GI
Bill to help off set some of his college education.

In support of the appeal, applicant submits a  personal  statement,  a
copy of his Enlistment/Reenlistment document, a copy of his Record  of
Military  Processing  document,  and  a  copy  of  his  Supplement  to
Enlistment Agreement.

Applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on  8  April  2003  for  a
period of four years.  He elected on the AF Form 3008 that  he  either
did not qualify for the ECLRP or  was  declining  enrollment  at  that
time.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAT states (as information only) that the law  stipulates  that
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.   Disenrollment  is  done  by  signing  the  “Statement   of
Disenrollment” on the DD Form 2366, Montgomery GI  Bill  Act  of  1984
(MGIB) acknowledging “I DO NOT  desire  to  participate  in  MGIB.   I
understand the benefits of the MGIB program and that  I  WILL  NOT  be
able to enroll at a later date.”  This  is  accomplished  after  being
thoroughly brief on the implications.  The applicant’s record reflects
his election not to enroll.

A copy of the evaluation is at Exhibit C.

AFPC/DPPAE recommends denial of applicant’s request to reenroll in the
ECLRP.  That office states that  although  the  applicant  states  his
recruiter informed him that this election was actually to be  made  at
BMT despite completing paperwork  that  said  he  was  declining  this
option, he submits no mitigating evidence or  corroboration  from  the
recruiter (Exhibit D).

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 30 December 2005, a copy of the Air Force evaluation was  forwarded
to the 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 his eligibility to participate in the  Montgomery
GI Bill Program  and  the  Enlisted  College  Loan  Repayment  Program
(ECLRP).  More specifically, if he  known  prior  to  attending  Basic
Military Training that he would not receive ECLRP, he most  definitely
would have chosen to participate in the Montgomery GI Bill to help off
set some of his college education.   We  believe  any  doubt  in  this
matter should be resolved in the applicant’s favor and, to offset  any
possibility of an injustice, his 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 8 April  2003,  he
elected to participate in the Montgomery GI  Bill  (MGIB)  Program  as
well as the Enlisted College Loan Repayment Program (ECLRP).

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 19 April 2006, under the provisions  of  AFI  36-
2603:

                  Ms. Charlene M. Bradley, Panel Chair
                  Ms. Jan Mulligan, Member
              Mr. Michael J. Novel, Member

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

   Exhibit A.  DD Form 149, dated 14 Oct 05, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPAT, undated.
   Exhibit D.  Letter, AFPC/DPPAE, dated 23 Nov 05.
   Exhibit D.  Letter, SAF/MRBR, dated 30 Dec 05.




                                   CHARLENE M. BRADLEY
                                   Panel Chair






AFBCMR BC-2005-03265





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 8 April
2003, he elected to participate in the Montgomery GI Bill (MGIB)
Program as well as the Enlisted College Loan Repayment Program
(ECLRP).






                             JOE G. LINEBERGER
                             Director
                             Air Force Review Boards Agency

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