RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-03456
INDEX CODE: 128.14
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 18 May 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
She be allowed to change her DD Form 2366, Montgomery GI Bill Act of
1984 (MGIB), to reflect that she elected to participate in the MGIB
program.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She was miscounseled on eligibility for MGIB. She was told that if
currently awarded a masters degree or above she could not enroll and
that the form needed to be signed declining enrollment. She found out
later that this was not a true statement. She is trying to get this
resolved prior to separation upon completion of her Active Duty
Service Commitment (ADSC).
In support of the appeal, applicant submits a copy of six emails, and
a copy of a letter requesting MGIB enrollment, with attachments.
Applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant was appointed as a Reserve of the Air Force in the grade of
first lieutenant on 7 January 2002. She is currently serving on
active duty in the grade of captain. Her date of separation (DOS) is
31 January 2008.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPAT states that the applicant submitted a DD Form 2366 dated 14
January 2002 in which she has elected disenrollment from the MGIB
program. This copy of the form, however, is not a part of the
applicant’s master record at Headquarters Air Force Personnel Center.
In the applicant’s master record is a DD Form 2366 dated 29 January
2002. The two different copies are indorsed by two different
witnessing officials. In both instances the applicant affirmed her
election to disenroll from the MGIB program. Therefore, they
recommend denial of the applicant’s request. The MGIB briefing at
Commissioned Officer Training (COT) and the DD Form 2366 highlight
that declining the MGIB is an irrevocable decision. The counseling
staff at Maxwell, along with their education services officer, was
contacted to verify the validity of the statements and found no
evidence of any miscounseling.
A complete copy of the evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 16 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 her eligibility to participate in the Montgomery
GI Bill Program and, more specifically, that if currently awarded a
masters degree or above she could not enroll and that the form needed
to be signed declining enrollment. We believe any doubt in this
matter should be resolved in the applicant’s favor and, to offset any
possibility of an injustice, her records should be corrected to the
extent indicated below. (NOTE: Once the directive becomes effective,
the applicant may be required to repay the government $1200.)
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that she did not decline
to participate in the Montgomery GI Bill, but that on 14 January 2002
she elected to participate in the MGIB Program.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 9 March 2006, under the provisions of AFI 36-
2603:
Ms. Charlene M. Bradley, Panel Chair
Ms. Josephine L. Davis, Member
Mr. James A. Wolffe, Member
All members voted to correct the records, as recommended. The
following documentary evidence pertaining to AFBCMR Docket Number BC-
2005-03456 was considered:
Exhibit A. DD Form 149, dated 8 Nov 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPAT, dated 7 Dec 05.
Exhibit D. Letter, SAF/MRBR, dated 16 Dec 05.
CHARLENE M. BRADLEY
Panel Chair
AFBCMR BC-2005-03456
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 she did not
decline to participate in the Montgomery GI Bill, but that on 14
January 2002 she elected to participate in the MGIB Program.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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