RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-00285
INDEX CODE: 100.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 4 AUG 07
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to reverse his decision he made on 18 June 2003 to decline
the Montgomery GI Bill (MGIB).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was counseled incorrectly during his pediatric residency orientation at
Keesler Air Force Base in June 2003. He states that he was led to believe
that he would lose $1,200 and never be able to use it for education because
he already had a doctorate.
In support of his request, the applicant provided a copy of the DD Form
2366, Montgomery GI Bill Act of 1984.
Applicant’s complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving on extended active duty in the grade of
captain effective and with a date of rank of 16 May 2003.
On 11 July 1997, the applicant elected not to participate in the MGIB
program.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPAT recommends denial. DPPAT states the applicant completed the DD
Form 2366 correctly. He acknowledged understanding the conditions in
participating in the MGIB program and elected not to participate.
The applicant provides no evidence to support his contention that would
prove his declination was a government error. His statement focuses on a
process that involves the legal office signing the DD Form 2366. The legal
office is not involved in signing or witnessing the DD Form 2366. A
guidance counselor, who witnessed the signing of the DD Form 2366,
submitted a statement on behalf of the government that she could not have
given him such bad information.
Congress has allowed only one “open enrollment” for those who declined MGIB
participation (38 U.S.C., Chapter 30, Section 3018). The participation
period was from 1 December 1988 through 30 June 1989. Currently, there are
no other provisions under 38 U.S.C., Chapter 30 that allow an individual to
reverse their decision once they have declined MGIB participation
The DPPAT complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the evaluation and states when he signed the DD Form
2366 in July 2003, he was incorrectly counseled by several superior
officers. He can get affidavits from several young physicians who were
there with him and were counseled the exact same way. This was clearly so
that he could not use the MGIB money. The DD Form 2366 does not clearly
explain that he could have used the money. He states he had no knowledge
that he had been miscounseled.
Applicant’s response is at Exhibit E.
_________________________________________________________________
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. After a thorough review of the
evidence of record and the applicant’s submission, the Board is not
persuaded relief should be granted. The applicant’s contentions are duly
noted; however, the Board does not find these assertions, in and by
themselves, sufficiently persuasive to override the rationale provided by
the Air Force office of primary responsibility. While the applicant
indicates he was miscounseled regarding the MGIB, he has not provided
persuasive evidence to substantiate his claim. The applicant completed the
DD Form 2366 and acknowledged understanding the conditions in participating
in the MGIB program and elected not to participate. Therefore, in the
absence of evidence to the contrary, the Board finds no compelling basis to
recommend granting the relief sought.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not demonstrate the
existence of an error or injustice; the application was denied without a
personal appearance; and 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 AFBCMR Docket Number BC-2007-
00285 in Executive Session on 8 May 2007, under the provisions of AFI 36-
2603:
Ms. Charlene M. Bradley, Panel Chair
Mr. Garry G. Sauner, Member
Ms. Kathleen B. O’Sullivan, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 14 Dec 06, w/atch.
Exhibit B. Applicant’s Master Personnel Records.
Exhibit C. Letter, AFPC/DPPAT, dated 19 Mar 07.
Exhibit D. Letter, SAF/MRBR, dated 6 Apr 07.
Exhibit E. Letter, Applicant, dated 9 Apr 07.
CHARLENE M. BRADLEY
Panel Chair
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