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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