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AF | BCMR | CY2008 | BC-2007-01091
Original file (BC-2007-01091.DOC) Auto-classification: Approved


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-01091
                                             INDEX CODE:  100.00
                             COUNSEL:  NONE

                                             HEARING DESIRED:  YES

________________________________________________________________

APPLICANT REQUESTS THAT:

He receive a waiver of his second term of enlistment and  be  made  eligible
for the Montgomery GI Bill (MGIB)  benefit  upon  his  release  from  active
duty, or be reimbursed for the $1,800.00 he invested in the MGIB program.

________________________________________________________________

APPLICANT CONTENDS THAT:

He was not informed that he had to enter a second  term  of  enlistment  and
serve honorably to qualify for MGIB benefits.

In support of the appeal, applicant submits three  copies  of  College  Loan
Repayment Program (CLRP) Payment Authorization Memorandums,  a  letter  from
the Department of Veterans Affairs, DD Form 2366, Montgomery GI Bill Act  of
1984, DD Form 2366-1, Montgomery GI  Bill  Act  of  1984  Increased  Benefit
Contribution Program, DD  Form  4,  Enlistment/Reenlistment  Document  Armed
Forces of the United States and a copy of AF Form 3005, Guaranteed  Aptitude
Area Enlistment Agreement Non-Prior Service-United States Air Force.

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant contracted his initial enlistment in the Regular Air Force  on
2 Oct 01, in the grade of airman first class.  During his  in-processing  at
Lackland AFB, TX, on 16 Oct 01, he completed Section  2  of  DD  Form  2366,
indicating he understood he was eligible for the MGIB.  On  15  Nov  01,  he
was offered and elected to participate in the CLRP.  He also elected to  add
an additional MGIB contribution amount  of  $600.   The  Defense  Finance  &
Accounting Service paid the maximum amount of $10,000.00 to his  lender  for
his federal student loan.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAT recommends partial relief.  DPPAT states, in part, they found  no
evidence that the applicant was briefed of the condition  requiring  him  to
enter, and complete, a second  enlistment  to  qualify  for  MGIB  benefits.
Since there is no documentation to dispute the applicant’s  claim  an  error
or  injustice  exists,  warranting  corrective  action,   DPPAT   recommends
refunding the applicant the $1,800.00 he contributed to the MGIB. Pubic  Law
does not allow the DVA to pay MGIB benefits to the applicant.

The AFPC/DPPAT evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was forwarded to the applicant on  13  Jul
07, for review and comment, within 30 days.  However, 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 to warrant refunding the applicant his  MGIB
contributions.  The law clearly  prohibits  the  applicant  from  using  his
first enlistment to establish eligibility  and  claim  both  CLRP  and  MGIB
benefits.  Therefore,  his  request  for  a  waiver  of  a  second  term  of
enlistment is denied.  However, it appears the applicant was  not  initially
informed upon enrolling into the MGIB program that he was required to  enter
a second term of enlistment and serve honorably for a determined  period  of
the second enlistment, to qualify for the MGIB benefit.  In this regard,  we
believe some form of relief should be granted.  In view  of  the  above,  we
recommend that his records be corrected to the extent indicated below.

4.  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 issue(s) involved.  Therefore, the  request  for  a
hearing is not favorably considered.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to show that on 16 October 2001,  he  elected  to
disenroll from the Montgomery GI Bill (MGIB) program by signing block  4  of
the DD Form 2366, Montgomery GI Bill Act of 1984 Basic Enrollment.

________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2007-01091
in Executive Session on 4 Dec 07 under the provisions of AFI 36-2603:

                       Ms. Kathleen G. Graham, Vice Chair
                       Mr. Richard K. Hartley, Member
                       Mr. Reginald P. Howard, Member

All members voted to correct the  record,  as  recommended.   The  following
documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 30 Mar 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAT, dated 17 May 07.
    Exhibit D.  Letter, SAF/MRBR, dated 13 Jul 07.




                                  KATHLEEN G. GRAHAM
                                  Panel Chair
AFBCMR BC-2007-01091




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of
Section 1552, Title 10, United States Code (70A Stat 116), it is directed
that:

      The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that  on  16  October  2001,  he
elected to disenroll from the Montgomery GI Bill (MGIB) program  by  signing
block 4 of  the  DD  Form  2366,  Montgomery  GI  Bill  Act  of  1984  Basic
Enrollment.








  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency


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