RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2006-03184
                                       INDEX CODE:  111.02
      XXXXXXXXXXXXXXXXXXX               COUNSEL: NONE

                                             HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  20 April 2008


_________________________________________________________________

APPLICANT REQUESTS THAT:

She be able to reverse her  decision  to  decline  the  Montgomery  GI  Bill
(MGIB).

_________________________________________________________________

APPLICANT CONTENDS THAT:

She requested  the  monies  paid  in  her  behalf  under  the  College  Loan
Repayment Program (CLRP) be refunded to the Air  Force  because  her  school
closed.  Had she known her school was going to close, she would have  chosen
her option to receive the MGIB.  Her lending institution returned the  money
to the Defense Finance and Accounting  Service  (DFAS)  in  September  2006;
therefore, she requests to be  allowed  to  enroll  in  the  MGIB  with  the
understanding she would pay the $1,200, so she would have  some  educational
benefit for her service.

In support of her application, the applicant provides a  personal  statement
and copies of her loan payment information under the CLRP.

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

_________________________________________________________________

STATEMENT OF FACTS:

The  Military  Personnel  Database  (MilPDS)  indicates  the  applicant   is
currently serving on active duty in the grade of staff sergeant  (SSgt)  (E-
5) with an effective date and date of rank of 1 October  2006.   She  has  a
Total Active Federal Military  Service  Date  of  27  December  2000  and  a
projected date of separation of 26 August 2008.

On  8  December   2006,   AFPC/DPPAT   requested   the   applicant   provide
documentation to support that the amount  of  $5,420  paid  to  her  lending
institution under the CLRP was, in  fact,  returned  to  the  United  States
Treasury.  As of this date, the applicant has not responded.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAT recommends denial of the applicant’s request.  DPPAT states  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 decide not to participate  in  the  program.   Disenrollment  is
done by signing a DD Form 2366, Montgomery GI Bill Act of 1984 (MGIB).   The
applicant’s record reflects that on 11 January  2001,  she  decided  to  not
participate in the MGIB program and that she understood  she  would  not  be
able to enroll later.  The CLRP was offered and accepted  by  the  applicant
via AF Form 3008, Supplement to  Enlistment  Agreement,  dated  27  December
2000.  As a CLRP participant, the applicant is not  eligible  for  the  MGIB
concurrently in the same enlistment period per Title 38 United  States  Code
(USC), Chapter 30, Section 3033.

DPPAT indicates they confirmed the applicant’s lending institution was  paid
a total of $5,420 over a period of three years  under  the  CLRP.   However,
DFAS was unable to affirm  that  the  applicant’s  lending  institution  had
refunded any money paid to them on behalf of the applicant.

DPPAT states the Air Force complied with the requirements  of  CLRP.   There
is no evidence to support the applicant’s decision to decline the  MGIB  was
a government error.  Congress has allowed only  one  “open  enrollment”  for
those  individuals  who  declined  MGIB  participation.   The  participation
period was from 1 December 1988 through 30 June 1989.  Currently  there  are
no  other  provisions  under  Title  38  USC,  Chapter  30,  that  allow  an
individual  to  reverse  their  decision  once  they  have   declined   MGIB
participation.

The DPPPR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded  to  the  applicant  on  30
March 2007, for review and comment within 30 days.  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 timely filed.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of an error or injustice.  We note the applicant’s assertion  that
her lending institution returned the money paid to them  in  behalf  of  the
applicant, following her enrollment in  the  ECLRP;  however,  she  has  not
provided any evidence to verify this claim.  DFAS was unable to  affirm  the
money had been refunded.  Regardless of this fact, the  evidence  of  record
indicates the applicant voluntarily disenrolled from the MGIB  program.   We
find no evidence the applicant was forced  or  miscounseled  regarding  this
decision or that she  was  treated  any  differently  from  other  similarly
situated   members.    Therefore,   we   agree   with   the   opinions   and
recommendations of the Air Force office of primary responsibility and  adopt
its rationale as the basis for our conclusion that  the  applicant  has  not
been the victim of an error  or  injustice.   Accordingly,  the  applicant’s
request is not favorably considered.

_________________________________________________________________

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 5 June 2007, under the provisions of AFI 36-2603:

                 Mr. Thomas S. Markiewicz, Chair
                 Ms. Marcia Jane Bachman, Member
                 Ms. Mary C. Puckett, Member

The following documentary evidence was considered in connection with  AFBCMR
Docket Number BC-2006-03184:

      Exhibit A.  DD Form 149, dated 2 Oct 06, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/ DPPAT, dated 7 Mar 07.
      Exhibit D.  Letter, SAF/MRBR, dated 30 Mar 07.




                                   THOMAS S. MARKIEWICZ
                                   Chair