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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