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AF | BCMR | CY2008 | BC-2004-02144c
Original file (BC-2004-02144c.doc) Auto-classification: Denied

                                 ADDENDUM TO
                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

      IN THE MATTER OF:            DOCKET NUMBER:  BC-2004-02144
            INDEX CODE: 110.00
                                  COUNSEL:  NONE
                                   HEARING DESIRED:  YES

______________________________________________________________

APPLICANT REQUESTS THAT:

His records  be  corrected  to  show  he  elected  to  participate  in  the
Montgomery G.I. Bill (MGIB) program.

________________________________________________________________

STATEMENT OF FACTS:

On 8 December 2004, the Board considered and denied a similar appeal.   For
an accounting of  the  facts  surrounding  his  previous  request  and  the
rationale of the Board's earlier decision, see the Record of Proceedings at
Exhibit E.

On 13 January 2008,  the  applicant  requested  the  Board  reconsider  his
request.  He provided an excerpt from the Basic Training Manual II, dated 1
February 2001, which he asserts provides the information  that  erroneously
led him to decline.

His complete submission, with attachments, is at Exhibit F.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial.  DPSIT states there is no evidence to  support
that he declined the MGIB based on incorrect  data  but  there  is  evidence
that he is attempting to project blame on the government.  Title 38  U.S.C.,
Chapter 30, states that the same period of service used for  loan  repayment
cannot be used to qualify for the MGIB.  The  loan  repayment  option  is  a
recruiting incentive to attract an individual  into  the  military.   During
Basic Military Training (BMT) recruits are  automatically  enrolled  in  the
MGIB but may elect to decline participation.  Recruits offered the ECLRP  as
part of their enlistment contracts are advised they  can  qualify  for  both
the ECLRP and MGIB if they serve a second period  of  service.   In  DPSIT’s
initial view of his request dated 10 June 2004, they noted that he  was  not
offered the ECLRP as an enlistment option and elected to decline  the  MGIB.
In  the  interest  of  justice,  his  enlistment  contract  was  amended  to
retroactively reflect that the ECLRP was offered as part of  his  enlistment
and the Air Force subsequently paid $10,000 toward  his  outstanding  loans.
Based on the sequence of events that he presented, it appears  his  original
intent was to serve one period of service.  Declining the MGIB would  be  in
the best interest for an individual who has elected the ECLRP and  knows  he
only wants to serve one enlistment.  An individual  that  does  not  decline
the MGIB and is an ECLRP participant would forfeit $1,200  if  they  do  not
enter a second enlistment.  Once he  realized  that  he  wanted  to  make  a
commitment to serve a second period of service,  he  became  conscious  that
his original declination of $40,000 in MGIB benefits was a mistake  and  his
only way to reverse the decision was to  claim  government  error.   His  10
June 2004 letter points out that he was informed to get a  statement  saying
the fault was with the BMT instructor.  He states  he  was  told  to  get  a
package together with letters from the  training  instructor  and  recruiter
saying it was their fault; however, he did not  hear  back  from  either  of
them.  There is no supporting documentation to support, suggest, or imply  a
government error.  Events in his life did change  what  would  have  allowed
him to take advantage of the MGIB; however, he  provides  no  evidence  that
would support his claim that his original decision to decline the  MGIB  was
a government error.

The complete DPSIT evaluation is at Exhibit G.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded  to  the  applicant  on  28
March 2008 for review and comment within 30 days.  As  of  this  date,  this
office has received no response (Exhibit H).

________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  In earlier  findings,  the  Board  determined  there  was  insufficient
evidence to correct the applicant’s record to reflect he  enrolled  in  the
MGIB program.  After again reviewing  this  application  and  the  evidence
provided in support of his appeal, we find no evidence which would lead  us
to believe that his decision to decline to participate in the  MGIB program
was based on incorrect information.  Therefore, we agree with  the  opinion
and recommendation of the Air Force office of  primary  responsibility  and
adopt its rationale as the basis for our conclusion that he  has  not  been
the victim of an error or injustice.  Accordingly, the Board finds no basis
upon which to favorably consider the applicant’s request.

2.  The applicant's case is adequately documented and it has not been shown
that a personal appearance with or without counsel will materially  add  to
our understanding of the issues involved.  Therefore,  the  request  for  a
hearing is not favorably considered.

________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of  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  BC-2004-02144  in  Executive
Session on 27 October 2008, under the provisions of AFI 36-2603:

                       Mr.  Michael J. Novel, Panel Chair
                       Mr.  Alan A. Blomgren, Member
                       Ms.  Josephine L. Davis, Member

The following documentary evidence was considered:

      Exhibit E.  Record of Proceedings, dated 5 January 2005,
w/Exhibits.
      Exhibit F.  DD Form 149, dated 13 January 2008, w/atchs.
      Exhibit G.  Letter, AFPC/DPSIT, dated 15 April 2008, w/atchs.
      Exhibit H.  Letter, SAF/MRBR, dated 22 April 2008.




            MICHAEL J. NOVEL
            Panel Chair  

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