RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01879
            INDEX CODE:  128.14
            COUNSEL:  NONE

            HEARING DESIRED:  YES

MANDATORY COMPLETION DATE:  24 DECEMBER 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show that he received a medical  discharge,  and
he be allowed to participate in  the  Montgomery  GI  Bill  (MGIB)  and  the
$1,200 contribution payment be waived.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was involuntarily discharged due to medical reasons and was  entitled  to
competent pre-separation counseling that  would  have  advised  him  of  the
right to make an election prior to discharge to  participate  in  the  MGIB.
He was denied this opportunity.

Military members that are involuntarily  discharged  from  active  duty  and
previously elected not to participate in the MGIB  should  be  provided  the
opportunity to revoke the previous declination and  enroll  in  the  program
prior to separation.  Once he was  identified  for  medical  discharge,  the
separation  process  proceeded  very  rapidly  and  he  was  never  properly
counseled concerning his ability to enroll in the program.

In support of  the  application,  the  applicant  submits  an  affidavit  in
support of his application, a copy of his DD 214, a copy of  a  letter  from
the VA, and a copy of a letter from the National Personnel Records Center.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Air Force on 6 Dec 1989.  On 2  Oct  1986,  he
declined enrollment in the MGIB program.

On 2 Oct 2001, a USAF Physical  Evaluation  Board  diagnosed  the  applicant
with major depression, mild Social and Industrial  Adaptability  Impairment.
On 5 Oct 2001, officials within the office  of  the  Secretary  of  the  Air
Force determined the applicant was physically unfit for  continued  military
service and  directed  discharge  with  severance  pay.   He  was  honorably
discharged on 23 November 2001.  He served 14 years, 3 months and 25 days.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPAT recommends the applicant’s record be corrected  to  show  that
he elected to participate in the MGIB program via  DD  Form  2337  prior  to
separation  and that a service unique statement be  included  requiring  the
applicant to make the $1,200 payment as required by public law.

DPPAT states MGIB provides benefits for a variety of education and  training
programs.   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.  Eligible applicants  may  disenroll  within  two  weeks  of
entering active duty after a detailed lecture  on  benefits.   Disenrollment
is done by signing a DD Form 2366.   The  applicant’s  record  reflects  his
decision, on 2 Oct 86, not to  participate  in  the  MGIB  program  and  his
understanding he would not be able to enroll at a later date.

DPPAT states 38 USC, Chapter 30, Section 3018A  offers  certain  active-duty
personnel, who were involuntarily separated after 2 Feb 91,  an  opportunity
to withdraw their declination statement  and  elect  MGIB  enrollment.   The
applicant would have been eligible for MGIB entitlement as  a  Category  III
participant.

DPPAT states  the  applicant’s  request  could  have  been  administratively
corrected; however, he is requesting that the  requirement  for  payment  of
$1,200 be waived.  Payment of the $1,200 is required by law as  a  condition
for MGIB participation under 38 USC, Chapter 30, Section 3018A.

The complete DPPAT evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force  evaluation  was  forwarded  to  the  applicant  for
review and comment on 22 Sep 06.  As of this date, this office has  received
no response (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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of probable error or injustice warranting a partial grant  of  the
applicant’s request.   We  note  that  AFPC/DPPAT  has  indicated  that  the
applicant’s involuntary discharge due to  disability  would  have  made  him
eligible for MGIB entitlement as a Category III participant.   As  such,  we
agree with their recommendation to grant  the  applicant  MGIB  entitlement.
We further note the applicant’s request to waive  the  contribution  payment
of $1,200.  However, this payment is required by public  law.   Although  it
appears  the  applicant  was  not  properly  counseled  regarding  his  MGIB
entitlement at the time of discharge, we do not believe this  constitutes  a
basis to waive the  required  payment.   Even  if  the  applicant  had  been
properly counseled at the time,  payment  of  the  $1,200  would  have  been
required to effect his participation in the MGIB.  Therefore,  we  recommend
his records be corrected to the extent indicated below.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issue(s) involved.  Therefore, the  request  for  a
hearing is not favorably considered.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that on 21 November 2001,  he  elected  to
participate in the Montgomery GI Bill (MGIB) program, provided  he  pay  the
contribution payment as required by law.

_________________________________________________________________

The following members considered this application in  Executive  Session  on
14 November 2006 under the provisions of AFI 36-2603:

      Mr. Laurence M. Groner, Panel Chair
      Ms. Mary C. Puckett, Member
      Ms. Kathleen F. Graham, Member

The following documentary evidence was considered in  AFBCMR  Docket  Number
BC-2006-01879:

    Exhibit A.  DD Form 149, dated 17 Jun 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  HQ AFPC/DPPAT letter, dated 16 Aug 06.
    Exhibit D.  Letter, SAF/MRBR, dated 22 Sep 06.




                                   LAURENCE M. GRONER
                                   Panel Chair
      AFBCMR BC-2006-01879






      MEMORANDUM FOR THE CHIEF OF STAFF


            Under the authority of Section 1552, Title 10, United States
      Code and Air Force Instruction 36-2603, and having assured compliance
      with the provisions of the above regulation, the decision of the Air
      Force Board for Correction of Military Records is announced, and it is
      directed that:


            The pertinent military records of the Department of the Air
      Force relating to APPLICANT be corrected to show that on 21 November
      2001, he elected to enroll in the Montgomery GI Bill (MGIB) program,
      provided he pay the contribution payment as required by law.








            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency