RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-02273
INDEX CODE: 100.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
She be entitled to Montgomery GI Bill (MGIB) benefits or the $1,200.00
contribution paid toward the MGIB be refunded.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Her enlistment contract stated she would receive both the MGIB and the
College Loan Repayment Program (CLRP).
In support of her request, the applicant provided a copy of AF Form
3008, Supplement to Enlistment Agreement – United States Air Force, DD
Form 2366, Montgomery GI Bill Act of 1984 (MGIB), leave and earning
statements, and e-mail communiqué.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 11 Jan 05, as an
airman first class for a period of six years.
Her records reflect she elected to participate in the MGIB on 21 Jan
05.
On 20 Jun 07, she was discharged under the provisions of Air Force
Instruction 36-3208 with a under honorable conditions (general)
discharge. She served two years, five months and nine days on active
duty.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends the requested relief be denied. DPSIT states
CLRP pays one-third or $3,333.33, whichever is less, each year for
three years to repay six types of federally insured college loans.
The maximum payment is $10,000 less federal income tax.
The All-Volunteer Force Educational Assistance Program, referred to as
the MGIB, provides benefits for a variety of education and training
programs. The law stipulates that all MGIB eligible individuals are
automatically enrolled in the MGIB upon entering active duty and are
given a one-time opportunity to disenroll should they desire not to
participate in the program. 38 United States Code (USC), Section
3033, bars duplication of educational assistance benefits during the
same period of service.
MGIB compensation is not granted to service members with character of
service less than honorable. Since the applicant was a CLRP
participant and received two payments for a total of $3,983.04, her
initial period of service cannot be used for payment of MGIB benefits,
even if her service had been characterized as honorable. The law
requires a person who receives benefits under the CLRP program to also
have a second period of service to qualify for MGIB. The law also
does not allow the refund of the $1,200.00 unless there is documented
evidence that the money was collected in error.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on 19
Oct 07 for review and response and response within 30 days. As of
this date, no response has been received by this office (Exhibit D).
_________________________________________________________________
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 an injustice. We took notice of the
applicant's complete submission in judging the merits of the case;
however, we agree with the opinion and the recommendation of the Air
Force office of primary responsibility and adopt its rationale as the
basis for our conclusion that the applicant has not been the victim of
an error or an injustice. Therefore, in the absence of evidence to
the contrary, we find no compelling basis to recommend granting the
relief sought in this application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material 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 AFBCMR Docket Number BC-
2007-02273 in Executive Session on 22 Jan 08, under the provisions of
AFI 36-2603:
Mr. Laurence M. Groner, Panel Chair
Mr. Grover L. Dunn, Member
Mr. James A. Wolffe, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 7 Jul 07, w/atchs.
Exhibit B. Applicant’s Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIT, dated 18 Sep 07.
Exhibit D. Letter, SAF/MRBR, dated 19 Oct 07.
LAURENCE M. GRONER
Panel Chair
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