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AF | BCMR | CY2006 | BC-2006-01816
Original file (BC-2006-01816.doc) Auto-classification: Denied

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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