RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2006-01006
                 INDEX CODE:       128.11
            COUNSEL:  None

                 HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  5 OCTOBER 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show he  elected  to  participate  in  the
Montgomery GI Bill (MGIB).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was not counseled on eligibility for or benefits of the  Montgomery
GI Bill before being directed to sign DD Form 2366.

In support of his  request,  applicant  provided  a  letter  from  his
commanding officer, a personal statement, and DD Form 2366, Montgomery
GI Bill Act of 1984 Basic Enrollment.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently in the Regular Air Force in  the  grade  of
captain.

On 16 May 2000, the applicant's extended active duty  orders  directed
the applicant to report to the Education  Center  within  10  days  of
arrival on Randolph AFB, TX for an MGIB briefing to comply  with  DoDD
1322.16. Applicant did not comply with the request and, in  compliance
with  federal  law  and  Department   of   Defense   directives,   was
automatically enrolled in the MGIB program.

On 14 November 2000, the applicant completed DD  Form  2366,  and  was
disenrolled from the MGIB.

_________________________________________________________________




AIR FORCE EVALUATION:

AFPC/DPPAT recommends denial and states their office made contact with
the  witnessing  official  who   attested   that   acceptance   of   a
disenrollment form  from  an  individual  who  was  determined  to  be
eligible was not a simple process. The applicant was  (1)  advised  of
his eligibility, (2) advised of the MGIB benefits,  (3)  advised  that
his disenrollment was irrevocable (4) and  was  told  his  declination
form would not be accepted until the following day, thus allowing time
for the applicant to contemplate the ramifications  of  his  decision.
The  witness  official  added  that  most  individuals  justify  their
decision to decline with "I already have a degree plus I will get 100%
tuition assistance if I wish to continue with my education."

This request is an attempt to reenroll in the MGIB after the applicant
declined benefits and is in violation of the law.  The  Montgomery  GI
Bill, (38 USC,  Chapter  30),  provides  benefits  for  a  variety  of
education and training programs.  The law stipulates 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.

AFPC/DPPAT's complete 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
14 July 2006, for review and comment 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.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of error or injustice.  Evidence has not  been  provided
which would lead us to  believe  that  the  rules  of  the  applicable
regulations, which implement the policy, were inappropriately  applied
or that he was denied rights to  which  he  was  entitled.   Applicant
contends that he  was  not  counseled  on  on  the  MGIB  program  and
mistakenly signed the form disenrolling him  from  the  MGIB  program.
However,  based  on  the  evidence  of  record,  he  has   failed   to
substantiate  that  he  was   improperly   counseled   regarding   his
entitlements to the MGIB, or that procedural errors were made  by  the
Air Force.  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-
01006 in Executive Session on 15 August 2006 under the  provisions  of
AFI 36-2603:

            Mr. Richard A. Peterson, Panel Chair
            Ms. LeLoy W. Cottrell, Member
            Ms. Karen A. Holloman, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2005-
01006 was considered:

    Exhibit A.  DD Form 149, dated 3 Apr 06, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAT, dated 16 Jun 06.
    Exhibit E.  Letter, SAF/MRBR, dated 14 Jul 06.





                                   RICHARD A. PETERSON
                                   Panel Chair
                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC




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Office Of The Assistant Secretary

AFBCMR
1535 Command Drive
EE Wing, 3rd Floor
Andrews AFB MD 20762-7002



      Reference your application submitted under the provisions of AFI
36-2603 (Section 1552, 10 USC), AFBCMR Docket Number BC-2006-01006.

      After careful consideration of your application and military
records, the Board determined that the evidence you presented did not
demonstrate the existence of material error or injustice.
Accordingly, the Board denied your application.

      You have the right to submit newly discovered relevant evidence
for consideration by the Board.  In the absence of such additional
evidence, a further review of your application is not possible.

      BY DIRECTION OF THE CHAIRMAN





                                                              RALPH J.
PRETE
                                                              Chief
Examiner
                                                              Air
Force Board for Correction
                                                              of
Military Records

Attachment:
Record of Board Proceedings