RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-02595
INDEX CODE: 128.11
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 28 February 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her records be corrected to show she elected to participate in the
Montgomery GI Bill (MGIB).
_________________________________________________________________
APPLICANT CONTENDS THAT:
At basic training, she mistakenly signed her GI Bill application in
both the accept and the decline boxes. Her instructor said not to
worry and she would not be given a new form. The allotment was
started, but her first education office stated she would not be able
to use her GI Bill and would lose her money, so she needed to stop the
allotment and get her money back immediately which she did. I have
tried to address this problem with every education office she has been
assigned to with no success or assistance.
In support of her application, applicant provided a personal letter,
and DD Form 2366, Montgomery GI Bill Act of 1984 Basic Enrollment.
Applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently in the Regular Air Force in the grade of
staff sergeant.
The All-Volunteer Force Educational Assistance Program referred to as
the Montgomery GI Bill, provided 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 From 2366.
The applicant's record reflects her decision on 8 March 1999 not to
participate in the MGIB program and her understanding she would not be
able to enroll at a later date.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPAT recommends denial and states overlooking the fact that this
claim is untimely. Congress has allowed only one "open enrollment" for
those who declined MGIB participation (38 U.S.C., Chapter 30, Section
3018). The participation period was from 1 December 1988 through
30 June 1989. Currently, there are no other provisions under 38
U.S.CC., Chapter 30 that allows an individual to reverse their
decision once they have declined MGIB participation.
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
27 October 2006, for review and comment within 30 days. As of this
date, no response has been received by this office.
_________________________________________________________________
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. Applicant contends that she
mistakenly signed the form disenrolling her from the MGIB program at
basic training. However, evidence has not been provided which would
lead us to believe that the rules of the applicable regulations, which
implement the policy, were inappropriately applied or that she was
improperly counseled regarding her entitlements to the MGIB, or that
procedural errors were made by the Air Force. Therefore, in the
absence of evidence to the contrary, 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 Docket Number BC-2006-
02595 in Executive Session on 7 December 2006 under the provisions of
AFI 36-2603:
Ms. BJ White-Olson, Panel Chair
Ms. Debra K. Walker, Member
Mr. Todd L. Schafer, Member
The following documentary evidence pertaining to Docket Number BC-2006-
02595 was considered:
Exhibit A. DD Form 149, dated 18 Aug 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 18Sep 06 06.
Exhibit E. Letter, SAF/MRBR, dated 27 Oct 06.
BJ WHITE-OLSON
Panel Chair
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