RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-01190
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 17 SEPTEMBER 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her records be corrected to show she elected to participate in the
Montgomery GI BILL (MGIB).
_________________________________________________________________
APPLICANT CONTENDS THAT:
When she was in boot camp, she signed the DD Form 2366 (Montgomery GI Bill
Act of 1984 Basic Enrollment) to receive the GI Bill and also to decline it
in error. When she arrived at Ellsworth AFB and unprocessed, she was told
she signed to receive and not to receive the MGIB. She told them she wanted
to sign up for the MGIB so they crossed out the decline section on her DD
Form 2366 and had her initial next to it and told her the money would begin
coming out of her account. The money never came out. After several contacts
with DFAS, the money still has not been taken from my account. In April
2006, she was told that she was being medically discharged and should
contact the education center to get information on school. She explained
her situation and was instructed to file for a correction of records to fix
the problem.
In support of her application, applicant submits a personal statement and a
copy of a DD Form 2366.
Applicant's complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Air Force Reserve for a period of 8 years on
27 October 2003 in the grade of E-1 and enlisted in the Regular Air force
for a period of 4 years on 26 October 2004.
Applicant is currently awaiting discharge for a service-connected
disability that interfered with the performance of duty.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPAT recommends denial. 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 within two weeks of entering active duty.
After a detailed lecture on benefits, disenrollment is done by signing DD
Form 2366. The applicant’s record reflects her decision on 19 March 2004
not to participate in the MGIB program and her understanding she would not
be able to enroll at a later date.
DPPAT states in an effort to provide the applicant an opportunity to
present an incontrovertible case supporting her request, she was asked to
provide supplementary documentation from witnesses who could corroborate
the error or injustice causing her decision to disenroll from the MGIB. She
provided no additional documentation to support the alleged government
error.
In her personal statement she claims she made numerous attempts with the
local finance office to have her MGIB deductions started to no avail. The
major discrepancy with this claim is that Finance does not start
deductions. It takes place when the Education Center updates their MGIB
eligibility code in the Military Personnel System (MilPDS). MilPDS had
been updated to reflect that she had declined MGIB participation.
Since she is being discharged for a service-connected disability, she was
advised to make contact with a vocational rehabilitation VA representative
in her local region to discuss her case since she may qualify for education
benefits under Title 28 USC, Chapter 31-Training and Rehabilitation for
Veterans with Service Connected Disabilities.
AFPC/DPPAT complete evaluation, with attachment, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 4
August 2006 for review and comment within 30 days. As of this date, this
office has received no response.
_________________________________________________________________
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 an error or an injustice. The applicant's complete submission
was thoroughly reviewed and her contentions were duly noted; however, we do
not find the applicant’s assertions sufficiently persuasive to override the
rationale provided by the Air Force office of primary responsibility (OPR).
The applicant alleges she made several unsuccessful attempts with the
local finance office to have her MGIB deduction started. The Education
Center not the finance office updates the MGIB eligibility in the MilPDS.
The evidence of record indicates the applicant declined to participate in
the MGIB in March 2004. The applicant by signing the DD Form 2366
acknowledged she understood her decisions to disenroll from the MGIB was
irrevocable. 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 a 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-BC-2006-
01190 in Executive Session on 14 September 2006, under the provisions of
AFI 36-2603:
Mr. Wayne R. Gracie, Panel Chair
Ms. Patricia R. Collins, Member
Mr. Reginald P. Howard, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 April 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPAT, dated 13 Jul 06 06.
Exhibit D. Letter, SAF/MRBR, dated 4 Aug 06.
WAYNE R. GRACIE
Panel Chair
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