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AF | BCMR | CY2007 | BC-2005-02388-2
Original file (BC-2005-02388-2.DOC) Auto-classification: Denied

ADDENDUM TO
                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                 DOCKET NUMBERS: BC-2005-02388-2
                                  INDEX CODE:  126.04
      XXXXXXXXXXXXXXXXXXX         COUNSEL: NONE

                                        HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

The $1,200 deducted from her son’s pay to participate in the  Montgomery  GI
Bill (MGIB) be  refunded  because  he  will  not  be  participating  in  the
program.

___________________________________________________________________

RESUME OF CASE:

On 17 June 2004, the applicant’s son enlisted in the Regular  Air  Force  at
the age of 25 in the grade of airman first class (E-3) for a period of  four
years.  On 25 June 2004, he elected enrollment in the MGIB.   Subsequent  to
his election, his pay was reduced by $1,200 during the first  12  months  of
pay entitlement.

On 31 January 2006, the Board approved the service member’s initial  request
for correction of military records to show he elected the  Enlisted  College
Loan Repayment Program (ECLRP).  In May 2006, two payments in the amount  of
$3,333.33 each (minus taxes) were generated as a result  of  the  correction
of record and applied toward his college loans.  For an  accounting  of  the
facts and circumstances surrounding the rationale for the  earlier  decision
by the Board, see the Record of Proceedings at Exhibit F (with  Exhibits  A-
E).

As a result of suffering a severe head injury stemming from an assault,  the
applicant’s son was placed  on  the  Temporary  Disability  Retirement  List
(TDRL) and retired effective 19 June 2006.

On 18 September 2006, the applicant, serving as  her  son’s  representative,
requested a refund of his contributions to the MGIB following his  placement
on the TDRL.  She claims her son’s enrollment in the  MGIB  program  was  in
error and that he will not be using the  MGIB  because  of  his  disability.
She claims if he  wishes  to  continue  with  his  education,  the  Veterans
Administration (VA) will pay his tuition costs.

The applicant’s complete submission, with attachments, is at Exhibit G.

___________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAT recommends denial  of  the  applicant’s  request.   DPPAT  states
there is no evidence  to  support  the  applicant’s  claim  that  her  son’s
election to participate in the MGIB was  done  in  error.   Under  the  MGIB
program, there are no provisions in the law that allows  any  money  reduced
from a member’s pay to be refunded.  Only in cases of death is  the  service
Secretary allowed to make payment equal  to  the  amount  reduced  from  the
member’s basic pay for MGIB to the designated beneficiary.

According to his DD Form 214,  Certificate  of  Release  or  Discharge  from
Active Duty, the applicant’s son was  retired  under  temporary  disability.
Since this is a temporary disability, his option to return  to  active  duty
remains an option in later years.  He will not have another  opportunity  to
elect participation in the MGIB since MGIB election  takes  place  during  a
member’s initial enlistment.  Therefore, to grant a reversal to his  initial
request for MGIB benefits will have a greater impact to him in  later  years
if  he  returned  to  duty.   The  Air  Force  currently  has  hundreds   of
individuals in temporary disability status.  A decision  to  grant  approval
to the applicant’s request could set precedence and violate public law.

The DPPAT evaluation is at Exhibit H.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was  forwarded  to  the  applicant  on  5
January 2007, for review and comment within 30  days  (Exhibit  I).   As  of
this date, this office has received no response.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

Insufficient relevant  evidence  has  been  presented  to  demonstrate  the
existence of probable error or injustice.  In earlier findings,  the  Board
determined there was sufficient evidence to correct the applicant’s  record
to reflect he elected the Enlisted College Loan  Repayment  Program.   Now,
his mother requests additional relief by correcting  her  son’s  record  to
reflect he declined enrollment in the MGIB program and to refund the $1,200
collected.   However,  after  careful  consideration  of  the   applicant’s
submission, the Board was not persuaded to  provide  further  relief.   The
applicant has provided  no  persuasive  evidence  that  would  lead  us  to
conclude that her son was erroneously enrolled in the  MGIB  program,  that
his enrollment was contrary to the governing law, regulation, and  policies
in effect, or that it was not in his best interest.   Therefore,  we  agree
with the opinion and recommendation of the  Air  Force  office  of  primary
responsibility and adopt their rationale as the basis  for  our  conclusion
that the applicant’s son has not been the victim of an error or  injustice.
Accordingly, the Board finds no basis upon which to favorably consider  the
applicant’s request.

_________________________________________________________________

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 this application in  Executive
Session on 1 May 2007, under the provisions of AFI 36-2603:

                 Ms. Charlene M. Bradley, Panel Chair
                 Mr. Charlie E. Williams, Jr., Member
                 Mr. Vance E. Lineberger, Member

The following documentary evidence was considered in connection with  AFBCMR
Docket Number BC-2005-02388-2:

    Exhibit F.  ROP, dtd 14 Mar 06, w/ Exhibits A through E.
    Exhibit G.  Applicant’s Letter, dated 18 Sep 06, w/atchs.
    Exhibit H.  Letter, AFPC/DPPAT, dated 8 Dec 06, w/atchs.
    Exhibit G.   Letter, SAF/MRBC, dated 5 Jan 07.




                                   CHARLENE M. BRADLEY
                                   Panel Chair

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