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
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