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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