RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-02012
INDEX CODE: 128.00
XXXXXXX COUNSEL: NONE
HEARING DESIRED: YES
MANDATORY CASE COMPLETION DATE: 9 JAN 2008
___________________________________________________________________
APPLICANT REQUESTS THAT:
He be reinstated in the Montgomery GI Bill (MGIB).
___________________________________________________________________
APPLICANT CONTENDS THAT:
He was misinformed about the difference between Tuition Assistance
(TA) and the MGIB. He was led to believe by his recruiter that he
had to choose between the College Loan Repayment Plan (CLRP), TA,
or MGIB. Because CLRP was never considered, it was his intentions
on choosing between the TA and the MGIB.
Due to the lack of information on the MGIB, he elected not to
participate in the program. He has been trying over three years to
get the MGIB, but unfortunately he has not been successful.
Applicant notes that he is now faced with college costs that exceed
TA allowance ($250 per semester hour with a $4500 cap allowed per
fiscal year for each active duty member). He adds that the
additional costs of raising a family has left him with little money
for “out of pocket” educational expenses; however, he is in a
position to make the $100 monthly contribution towards the MGIB.
Applicant’s complete submission, with attachment, is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 14 Jan 03 for a
period of four years. He signed the DD Form 2366, Montgomery GI
Bill Act of 1984 (MGIB) on 23 Jan 03, Statement of Disenrollment,
indicating his desire not to participate in the MGIB.
Applicant is currently serving on active duty in the rank of senior
airman with an effective date and date of rank of 14 May 05. His
current Air Force Specialty Code is 3C051, Communication-Computer
System Operations Journeyman, with a duty title as Event Manager.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPAT recommended denial. The All-Volunteer Force
Educational Assistance Program (38 USC, Chapter 30), referred to as
the 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. Applicant’s record reflects his
decision, on 23 Jan 03, not to participate in the MGIB program and
his understanding he would not be able to enroll at a later date.
He has not presented information that supports a government error
or injustice. MGIB eligibility is established by public law.
HQ AFPC/DPPAT’S complete evaluation is at Exhibit C.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 1 Sep 06 for review and comment within 30 days. 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 error or injustice. After a thorough
review of the evidence of record and applicant’s submission, we are
not persuaded that the applicant should be given the relief
requested. Applicant’s contentions are duly noted; however, we
found no evidence the applicant was misinformed in regard to the
MGIB. We therefore agree with the opinion and recommendation of
the Air Force office of primary responsibility and adopt the
rationale expressed as the basis for our decision that the
applicant has failed to sustain his burden that he has suffered
either an error or an injustice. In the absence of persuasive
evidence to the contrary, we find no compelling basis to recommend
granting the relief sought in this application.
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 involved.
Therefore, the request for a hearing is not favorably considered.
___________________________________________________________________
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-2006-02012 in Executive Session on 4 October 2006, under the
provisions of AFI 36-2603:
Mr. Christopher D. Carey, Panel Chair
Mr. Steven A. Cantrell, Member
Ms. Renee M. Collier, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 10 Jun 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPAT, dated 14 Aug 06.
Exhibit D. Letter, SAF/MRBR, dated 1 Sep 06.
CHRISTOPHER D. CAREY
Panel Chair
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