RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2007-02563
								INDEX CODE:  100.00
								COUNSEL:  NONE

								HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

She be entitled to use the money she paid into the Montgomery GI 
Bill (MGIB).

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APPLICANT CONTENDS THAT:

She was informed that if she agreed to a quicker discharge she 
would be eligible to use the MGIB.  She is also unable to use 
the money she invested into the program.

In support of the appeal, applicant submits three Character 
Reference Letters, a copy of a Certificate of Appreciation, and 
a copy of her DD Form 214, Certificate of Release or Discharge 
from Active Duty.

Applicant’s complete submission, with attachments, is at Exhibit 
A.

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STATEMENT OF FACTS:

The applicant contracted her initial enlistment in the Regular 
Air Force on 29 Nov 90, in the grade of airman basic.  During 
her in-processing at Lackland AFB, TX, on 11 Dec 90, she 
completed Section 2 of DD Form 2366, Veterans Educational 
Assistance Act of 1984, indicating she understood she was 
eligible for the MGIB.

On 25 Jan 1994, the commander notified her of his intention to 
recommend her for discharge, citing 15 infractions ranging from 
indebtedness to wearing an unauthorized jewelry item in her nose 
during an inspection.  These specifications were documented with 
letters of reprimand/counseling since 10 Sep 91.  The applicant 
was advised of her right to consult counsel and submit 
statements in her own behalf.  She acknowledged receipt on 
25 Jan 94.

On 3 Feb 94, she was recommended for a general discharge for 
minor disciplinary infractions.  She consulted counsel and 
waived her right to submit statements.  The case was found 
legally sufficient and probation and rehabilitation (P&R) were 
not considered appropriate since the applicant did not react 
positively to any of the numerous disciplinary actions taken 
against her.  The discharge authority concurred and directed her 
general discharge without P&R.

She was subsequently discharged in the grade of senior airman on 
17 Feb 94, under the provisions of AFR 39-10, Administrative 
Separation of Airmen, for Misconduct.  She received a general 
(under honorable conditions) characterization of service.  She 
served 3 years, 2 months, and 19 days of active duty.

In an application dated 22 Jun 94, the applicant appealed to the 
Air Force Discharge Review Board (AFDRB) to upgrade her general 
(under honorable conditions) discharge to honorable.  On 18 Oct 
96, the AFDRB denied her appeal.  On 20 May 97, the Air Force 
Board for Correction of Military Records denied the applicant’s 
request to upgrade her general (under honorable conditions) 
discharge to honorable (Exhibit B).

The All-Volunteer Force Assistance Program (38 U.S.C., Chapter 
30), known 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.  The enrollment decision is confirmed when an 
individual signs the appropriate blocks of a DD Form 2366.  All 
participants must complete an active duty commitment, receive an 
honorable separation or discharge, and claim benefits within 
10 years of leaving active duty.

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AIR FORCE EVALUATION:

AFPC/DPSIT makes no recommendation and states, in part, that the 
applicant accepted her automatic enrollment by signing a DD Form 
2366 on 11 Dec 90, which also served as an acknowledgment of 
understanding the conditions for participation in the program.  
The conditions include the understanding that if enrolled in the 
MGIB, basic pay will be reduced $100 per month for each of the 
first full 12 months of active duty and cannot be refunded, 
suspended, or stopped.  She must receive an honorable discharge 
for service which establishes entitlement to the MGIB.  She must 
use her benefits within 10 years of separating or discharge from 
active duty.  The applicant received a general (under honorable 
conditions) discharge after serving 3 years, 2 months, and 
19 days of active duty service.  

On 18 Oct 96, the Air Force Discharge Review Board denied the 
applicant’s request to upgrade the characterization of her 
discharge to honorable.  The Department of Veterans Affairs 
(DVA) will deny an MGIB application because the applicant 
received a general discharge, did not complete the required 
service, and allowed the 10-year time frame in which to use the 
benefits to expire.

The AFPC/DPSIT evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was forwarded to the applicant 
on 5 Oct 07, for review and comment, within 30 days.  However, 
as of this date, no response has been received by this office.

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by 
existing law or regulations.

2.	The application was not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice.  In regard to 
the applicant’s contention that she was misinformed that a 
quicker discharge would entitle her to the MGIB, no evidence has 
been presented to substantiate her claim.  While the Board finds 
her desire to pursue a higher education commendable, by law, she 
is ineligible for benefits under the MGIB, as she did not 
fulfill the criteria for participation as set forth by Title 38 
U.S.C, Chapter 30.  Therefore, the Board agrees with the opinion 
and recommendation of the Air Force office of primary 
responsibility and adopts its rationale as the basis for their 
conclusion that she has not been the victim of an error or 
injustice.  In the absence of persuasive evidence to the 
contrary, the Board finds no compelling basis to recommend 
granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not 
demonstrate the existence of an 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.

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The following members of the Board considered Docket Number BC-
2007-02563 in Executive Session on 3 Jun 08, under the 
provisions of AFI 36-2603:

				

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 3 Aug 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSIT, dated 18 Sep 07.
    Exhibit D.  Letter, SAF/MRBR, dated 5 Oct 07.