RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-01816
INDEX CODE: 100.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 18 DECEMBER 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect he enrolled in the Montgomery GI
Bill (MGIB).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was given a choice to either enroll in the College Loan Repayment
Program (CLRP) or the MGIB. He elected the CLRP. He has been
informed that there was a way to enroll in both programs instead of
being limited to only one. He would have to reenlist to gain benefits
of the MGIB, but he plans on reenlisting in July 2006 for six years.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving on active duty in the grade of
technical sergeant (TSgt).
The applicant’s records reflect he declined participation in the MGIB
on 1 August 2000 and acknowledged he would not be able to enroll in
the MGIB at a later date.
On 29 April 2001, the applicant again declined participation in the
MGIB and elected to participate in the CLRP. He further acknowledged
that he understood his decision was irrevocable and eligibility for
the GI Bill could not be established.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPAT recommends the requested relief be denied. AFPC/DPPAT
states the CLRP pays one-third or $3,333.33, which ever is less,
each year for three years. The maximum payment is $10,000 less
federal income tax. Accepting only the CLRP did not obligate the
applicant beyond their initial enlistment.
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. Accepting only the MGIB did not obligate
the applicant beyond their initial enlistment.
AFPC/DPPAT further sates the purpose of offering both programs during
the initial enlistment was intended to attract recruits to commit to
serving two enlistments.
A complete copy of the AFPC/DPPAT evaluation, with attachments, is at
Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on 4
August 2006 for review and response. As of this date, no response has
been received by this office (Exhibit D).
_________________________________________________________________
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 an error or an injustice. The applicant's complete
submission was thoroughly reviewed and his contentions were duly
noted; however, we do not find the applicant’s assertions sufficiently
persuasive to override the rationale provided by the Air Force office
of primary responsibility (OPR). The evidence of record indicates the
applicant declined the opportunity to enroll in the MGIB in 2000 and
2001. The applicant has not provided sufficient persuasive evidence
that he was miscounseled regarding his opportunities to enroll in the
MGIB. Therefore, in view of the foregoing, and in the absence of
sufficient evidence which shows to our satisfaction that he was not
properly advised regarding enrolling in the MGIB, we agree with the
recommendation of the OPR and adopt its rationale as the basis for our
decision that the applicant has failed to sustain his burden of
establishing that he has suffered either an error or an injustice.
Accordingly, 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 AFBCMR Docket Number BC-
2006-01816 in Executive Session on 14 September 2006, under the
provisions of AFI 36-2603:
Mr. Wayne R. Gracie, Panel Chair
Ms. Patricia R. Collins, Member
Mr. Reginald P. Howard, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 23 May 06.
Exhibit B. Military Personnel Records.
Exhibit C. Letter, AFPC/DPPAT, dated 11 Jul 06, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 4 Aug 06.
WAYNE R. GRACIE
Panel Chair
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