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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