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AF | BCMR | CY2008 | BC-2007-02273
Original file (BC-2007-02273.doc) Auto-classification: Denied

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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