RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-03000
INDEX CODE: 100.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 5 APR 2008
________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show that he declined the Montgomery GI Bill
(MGIB).
________________________________________________________________
APPLICANT CONTENDS THAT:
He mistakenly signed the wrong area of the DD Form 2366, Montgomery GI Bill
Act of 1984.
In support of the appeal, applicant submits a copy of the DD Form 2366.
Applicant’s complete submission, with attachment, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant contracted his initial enlistment in the Regular Air Force on
29 November 2005 in the grade of airman first class. During his in-
processing at Lackland AFB, TX, on 5 December 2005, he completed Section 3
of DD Form 2366, indicating he understood he was eligible for the MGIB.
The law stipulates 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.
Eligible applicants may disenroll within 2 weeks of entering active duty
after a detailed lecture on benefits. All MGIB eligible individuals
acknowledge understanding of the conditions to participate in the MGIB via
a DD Form 2366. Item (1) of the form states “I am automatically enrolled
unless I exercise the option to disenroll by signing item 5 below.” The
applicants record reflects his understanding of the conditions to
participate in the MGIB program and that he would be automatically enrolled
in the program unless he exercised the option to disenroll by signing item
5 of the form.
On 21 December 2006, DPPAE determined the applicant was entitled to the
Enlisted College Loan Repayment Program.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPAT recommends the application be denied and states in part, the
MGIB requires that an applicant affirmatively elect not to participate in
the program. If a member elects to participate, the Air Force is required
to deduct $100 per month for 12 months from the applicant’s pay. Once
enrolled in the program, a deduction from the service member’s pay becomes
mandatory. The deduction is considered indebtedness due the United States.
The applicant acknowledged understanding the conditions to participate in
the MGIB program and his option to disenroll. He elected not to decline
the MGIB and circumstances of this case do not merit relief.
The AFPC/DPPAT evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete of the evaluation was forwarded to the applicant on 12 Jan 2007,
for review and comment, within 30 days. However, as of this date, no
response has been received by this office.
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or
regulations.
2. The application was timely filed.
3. Sufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. It appears the applicant intended not to
participate in the MGIB Program, and instead enrolled in the College Loan
Repayment Program (CLRP) as part of his enlistment contract to pay existing
student loans. After careful review of the evidence provided and the
statement provided by the applicant, it appears there was an oversight on
the applicant’s part by mistakenly signing in the wrong block of the MGIB
enrollment form. In this regard, we believe the requested relief should be
granted. The Board notes his records
were administratively corrected to reflect his eligibility for the CLRP.
Therefore, we recommend that his records be corrected to the extent
indicated below.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT, be corrected to show that on 5 December 2005, he elected to
disenroll from the Montgomery GI Bill (MGIB) program by signing block 5 of
the DD Form 2366, Montgomery GI Bill Act of 1984 Basic Enrollment.
________________________________________________________________
The following members of the Board considered Docket Number BC-2006-03000
in Executive Session on 14 March 2007 under the provisions of AFI 36-2603:
Ms. Patricia J. Zarodkiewicz, Vice Chair
Mr. Richard K. Hartley, Member
Mr. Garry G. Sauner, Member
All members voted to correct the record, as recommended. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 26 Sep 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPAT, dated 8 Dec 06.
Exhibit D. Letter, SAF/MRBR, dated 12 Jan 07.
Patricia J. Zarodkiewicz
Vice Chair
AFBCMR BC-2006-03000
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of
Section 1552, Title 10, United States Code (70A Stat 116), it is directed
that:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that on 5 December 2005, he
elected to disenroll from the Montgomery GI Bill (MGIB) program by signing
block 5 of the DD Form 2366, Montgomery GI Bill Act of 1984 Basic
Enrollment.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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