RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2006-03220
                                             INDEX CODE:  100.00
      XXXXXXX                           COUNSEL:  NONE

                                             HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  22 APRIL 2008


________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to stop his  participation  in  the  Montgomery  GI
Bill (MGIB) Program and he receive back pay for the MGIB deductions  he  has
paid.

________________________________________________________________

APPLICANT CONTENDS THAT:

He chose to receive MGIB benefits when he entered the service in  May  2001.
He states the DD Form 2366, MGIB Act of 1984, he  signed  stated  unless  he
dis-enrolled from the MGIB program, his basic pay would be reduced  for  the
first twelve full months of active duty service.  He made  the  election  to
have the money taken out of his pay for the first 12 months  and  was  under
the assumption the money was being taken.  On 15 October  2006,  he  noticed
money had been taken from his account and the finance  office  indicated  it
was to pay for the MGIB.  He believes this  money  should  have  been  taken
during his first twelve months of active duty as  the  contract  states  and
because of the unfortunate error he should not  be  required  to  repay  the
money five years  later.   Additionally,  based  on  his  current  financial
situation, he can not afford to have the money deducted from  his  pay.   He
also states at this time, he does not need the MGIB because he is  close  to
receiving his CCAF degree.

In support of his request, the applicant submits a  personal  letter  and  a
copy of his DD Form 2366.

His complete submission with attachments is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

Data  extracted  from  the  Military  Personnel  Data  System  reflect   the
applicant contracted his initial enlistment in the Regular Air Force  on  22
May 2001, and was progressively promoted to the  grade  of  staff  sergeant.
On 6  June  2001,  he  completed  the  DD  Form  2366,  indicating  that  he
understood that unless he disenrolled from the MGIB, his basic pay would  be
reduced $100.00 per month for each of the first 12  full  months  of  active
duty and this basic pay  reduction  could  not  be  refunded,  suspended  or
stopped.

The All-Volunteer Force Education Assistance  Program  (38  U.S.C.,  Chapter
30), referred to as the MGIB, provides benefits for a variety  of  education
and  training  programs.   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.   Eligible  applicants  may  disenroll
within two weeks of  entering  active  duty  after  a  detailed  lecture  on
benefits.  Disenrollment is done by signing a DD Form 2366.

________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPAT recommends denial.  DPPAT states that assuming  the  purported
facts are correct, the Air Force failed to reduce the applicant’s basic  pay
by $100.00 during his first  12  months.   This  resulted  in  an  erroneous
overpayment of $1,200.  DPPAT states the $1,200 must be collected  from  his
current basic  pay  as  provided  in  the  applicable  laws.   DPPAT  states
according to all the evidence, he intended to enroll in the MGIB  and  thus,
constructively consented to the debt.   In  addition,  he  did  not  decline
participation in the MGIB, he never  attempted  to  correct  the  error  and
DPPAT believes no injustice has occurred considering  he  will  be  eligible
for $38,700 in benefits.

The AFPC/DPPAT evaluation is at Exhibit C.

HQ AFPC/JA reviewed the package for legal sufficiency  and  indicated  there
were no legal issues pertaining to the  Board  for  Correction  of  Military
Records; however, noted he alleges an involuntary pay deduction  five  years
after the erroneous pay was received  with  no  apparent  due  process.   JA
recommends he contact his military pay office if  he  believes  he  was  not
properly notified of the reasons  for  the  deductions  and  his  associated
rights to request a waiver of the repayment.

The AFPC/JA legal evaluation is at Exhibit D.

________________________________________________________________

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.  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.  Although the applicant  initially  elected
to participate in the MGIB program and have the money taken out of  his  pay
during the first 12 months of service, the Air  Force  neglected  to  deduct
the premiums in a timely manner and unexpectedly deducted payments from  his
account five years later.  This deduction appears to have created  an  undue
financial hardship for  the  applicant.   While  we  note  the  Air  Force's
recommendation to deny the applicant’s request based on the applicable  law,
we also note the applicant has not used any of the MGIB benefits.  As  such,
in this particular case we believe approval of his request would be  in  the
best interest of the applicant and the Air Force.  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  6  June  2001,  he  elected  to
disenroll from the Montgomery GI Bill (MGIB) program.

________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2006-
03220 in Executive Session on 8 February 2007, under the provisions  of  AFI
36-2603:

                 Ms. Kathy L. Boockholdt, Panel Chair
                 Ms. Teri G. Spoutz, Member
                 Mr. Charlie E. Williams Jr., Member

The following documentary evidence was considered:

      Exhibit A.  DD Form 149, dated 16 October 2006.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPPAT, dated 28 November 2006.
      Exhibit D.  Letter, AFPC/JA, dated 21 December 2006.
      Exhibit E.  Letter, SAF/MRBR, dated 5 January 2007.





                                   KATHY L. BOOCKHOLDT
                                   Panel Chair




AFBCMR 2006-03220




MEMORANDUM FOR THE CHIEF OF STAFF

      Under the authority of Section 1552, Title 10, United States Code,
and Air Force Instruction 36-2603, and having assured compliance with the
provisions of the above regulation, the decision of the Air Force Board for
Correction of Military Records is announced, and it is directed that:

      The pertinent military records of the Department of the Air Force
relating to XXXXXXX, XXXXXXX, be corrected to show on 6 June 2001, he
elected to disenroll from the Montgomery GI Bill (MGIB) program.





                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency


                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC

[pic]

Office of the Assistant Secretary


AFBCMR
1535 Command Drive EE Wing 3rd Floor
Andrews AFB, MD 20762-7002



XXXXXXX
XXXXXXX
XXXXXXX,

XXXXXXX

      Reference your application submitted under the provisions of AFI 36-
2603 (Section 1552, 10 USC), AFBCMR Docket Number BC-2006-03220.

      The Board determined that the military records should be corrected as
set forth in the attached copy of a Memorandum for the Chief of Staff
United States Air Force.  The office responsible for making the correction
will inform you when your records have been changed.

      After correction, the records will be reviewed to determine if you
are entitled to any monetary benefits as a result of the correction of
records.  This determination is made by the Defense Finance and Accounting
Service (DFAS-DE), Denver, Colorado, and involves the assembly and careful
checking of finance records.  It may also be necessary for the DFAS-DE to
communicate directly with you to obtain additional information to ensure
the proper settlement of your claim.  Because of the number and complexity
of claims workload, you should expect some delay.  We assure you, however,
that every effort will be made to conclude this matter at the earliest
practical date.




                       GREGORY E.  JOHNSON
                       Chief Examiner
                       Air Force Board for Correction
                       of Military Records


Attachment:
1.  Record of Proceedings
2.  Copy of Directive
3.  Customer Survey

cc:
DFAS-DE