RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-03113
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 14 Apr 08
_________________________________________________________________
APPLICANT REQUESTS THAT:
The separation program designator (SPD) be changed on her DD Form 214
so she will be eligible for Montgomery GI Bill (MGIB) benefits.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The Department of Veterans Affairs (DVA) told her DD Form 214 was
improperly coded. The SPD is wrong and has prevented her from
obtaining MGIB benefits to which she is entitled.
In support of her request, the applicant provided her DD Form 214. Her
complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 8 Mar 00 for a
period of 6 years. On 23 Mar 00, she signed DD Form 2366, agreeing to
enrollment in the MGIB. The Statement of Understanding on the form
indicates, in part, that the 12-month basic pay reduction could not be
refunded, suspended or stopped, and a member must complete 36 months
of active duty before entitlement to 36 months of benefits.
On 24 Dec 01, the applicant requested early separation from the Air
Force effective 15 Mar 02 because she was pregnant (due 25 Apr 02).
The commander and separation authority approved her request, pending
release from Stop Loss requirements.
On 11 Mar 02, the applicant requested a Stop Loss Waiver with an
approved separation date of 24 Apr 02. The waiver was approved on
22 Mar 02.
On 24 Apr 02, the applicant was honorably discharged in the grade of
airman first class after 2 years, 1 month, and 6 days of active duty.
She was issued an SPD code/narrative reason of KDF/Pregnancy or
Childbirth.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRS recommends denial because the SPD code and narrative
reason for separation are correct and the applicant did not submit any
evidence or identify any errors or injustices that occurred in the
separation processing.
The complete HQ AFPC/DPPRS evaluation is at Exhibit C.
HQ 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. The applicant
elected to participate in the MGIB program upon initial entry and made
the $1,200 contribution. The applicant’s separation is classified as
a separation for the convenience of the government. MGIB benefits are
authorized by the VA if the applicant has served 30 months of a 3 or
more year commitment. In this case, the applicant served 2 years, 1
month, and 6 days; thus, she is ineligible for MGIB benefits not
because of her SPD code but because she did not serve the minimum
amount of service to be eligible for MGIB benefits.
The complete HQ AFPC/DPPRS evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Complete copies of the Air Force evaluations were forwarded to the
applicant on 1 Dec 06 for review and comment within 30 days (Exhibit
E). 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 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. We took notice of the
applicant's complete submission in judging the merits of the case;
however, we agree with the opinion and recommendation of the Air Force
offices of primary responsibility and adopt their rationale as the
basis for our conclusion that the applicant has not been the victim of
an error or injustice. The applicant is not ineligible for MGIB
benefits because of her SPD code but because she did not meet the
minimum service requirement. 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 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 23 January 2007 under the provisions of AFI 36-
2603:
Ms. Charlene M. Bradley, Panel Chair
Ms. Judith B. Oliva, Member
Ms. Patricia R. Collins, Member
The following documentary evidence relating to AFBCMR Docket Number BC-
2006-03113 was considered:
Exhibit A. DD Form 149, dated 5 Oct 06, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPRS, dated 20 Oct 06.
Exhibit D. Letter, HQ AFPC/DPPAT, dated 1 Nov 06.
Exhibit E. Letter, SAF/MRBR, dated 1 Dec 06.
CHARLENE M. BRADLEY
Panel Chair
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