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AF | BCMR | CY2006 | bc-2006-01190
Original file (bc-2006-01190.doc) Auto-classification: Denied

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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