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AF | BCMR | CY2006 | BC-2006-02012
Original file (BC-2006-02012.doc) Auto-classification: Denied


                       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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