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AF | BCMR | CY2006 | BC-2006-01175
Original file (BC-2006-01175.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01175
            INDEX CODE:  100.03
            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  20 OCTOBER 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

She be reimbursed $900 for contributions paid  on  her  Montgomery  GI  Bill
(MGIB).

_________________________________________________________________

APPLICANT CONTENDS THAT:

When she enlisted on 23 May 2001, she elected the MGIB and paid  the  $1,200
the first year.  In May 2005, she  received  an  email  from  the  education
office advising her that she had lost her MGIB status  and  needed  to  fill
out paperwork.  As soon as her status was  updated,  her  pay  began  to  be
deducted.

In support of her request, applicant  provides  a  copy  of  her  Leave  and
Earning Statements for the periods January through February 2006, a copy  of
her DD Form 214 and DD Form 2366, MGIB enrollment form.

The applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was honorably discharged on 17  February  2006,  after  serving  4
years, 8 months, and  17  days  on  active  duty.   An  RE  code  3A  and  a
separation code of KDF (Pregnancy or Childbirth) was assigned.

On 6 June 2001, applicant signed  the  DD  Form  2366,  Montgomery  GI  Bill
Enrollment Form, electing to enroll in the MGIB.

As of 2 October 2006, the Defense  Finance  and  Accounting  Service  system
reflects no deductions for MGIB for the period May 2001 through June 2002.


_________________________________________________________________

AIR FORCE EVALUATIONS:

AFPC/JA recommends  denial.   JA  states  that  a  payment  of  $1200  is  a
prerequisite for MGIB eligibility under federal  law  and  payment  of  that
amount  fails  to  constitute  an  injustice  in  his  case.   The   AFPC/JA
evaluation is at Exhibit C.

AFPC/DPPAT recommends denial.  DPPAT  states  that  the  MGIB  contributions
were not collected during the first 12 months but were  collected  prior  to
her separation.  The AFPC/DPPAT evaluation is at Exhibit B.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the  applicant  on  22
September 2006 for review and comment within 30  days.   As  of  this  date,
this office has received no response.

_________________________________________________________________

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.   The  applicant  asserts  she  paid  the
Montgomery GI Bill (MGIB) contribution of $1,200 during her  first  year  of
enlistment but has provided no documentary evidence to support  this  claim.
We took notice of the applicant’s complete submission in judging the  merits
of the case; however, we agree with the opinion and  recommendation  of  the
Air Force office of primary responsibility and adopt its  rationale  as  the
basis for our conclusion that the applicant has not been the  victim  of  an
error or injustice.  In the absence of persuasive 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 probable 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-2006-01175
in Executive Session on 24 October 2006, under the  provisions  of  AFI  36-
2603:

            Mr. Jay H. Jordan, Panel Chair
            Ms. Josephine L. Davis, Member
            Mr. Alan A. Blomgren, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2006-
01175 was considered:

     Exhibit A.  DD Form 149, dated 11 Apr 06, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, APFC/JA, dated 24 Aug 06.
     Exhibit D.  Letter, AFPC/DPPAT, dated 8 Sep 06.
     Exhibit E.  Letter, SAF/MRBR, dated 22 Sep 06.





                                  JAY H. JORDAN
                                  Panel Chair


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