RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-04074
INDEX CODE: 100.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His disenrollment from the Montgomery GI Bill (MGIB) of 6 Aug 85, be
declared void.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He declined enrollment as a new airman in the Air Force and did not fully
understand the one-time only enrollment opportunity.
At the time he declined enrollment, he was concerned more about his ability
to send money home to help his family than his education benefits.
As a young man joining the military, his thoughts were to escape the
environment from which he had came and to make a better life for himself
and to provide some monetary support to his family back at home.
He has inquired many times on reversing his declined enrollment and
discovered the correction of records process while deployed to Afghanistan.
He has dedicated his life to his country and the Air Force for many years
and desires to enroll in the MGIB in hopes to continue his education after
his career in the Air Force.
The applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered the Regular Air Force on 26 Jul 85 and is currently
serving in the grade of technical sergeant.
Title 38, U.S.C, Chapter 30, stipulates that all MGIB-eligible individuals
are automatically enrolled in the program upon entering active duty and are
given a thorough briefing on the program. Individuals accepting the
automatic enrollment incur a monthly pay reduction of $100 during the first
year of active duty. Individuals desiring not to participate are given the
opportunity to disenroll. By law, disenrollment is an irrevocable decision.
Disenrollment is complete when the individual completes that part of the
DD Form 2366, Veteran’s Educational Assistance Act of 1984 (GI Bill), which
states, “I do not desire to participate in the GI Bill of 1984. I
understand that the option to enroll will not be available to me at a later
date.”
The applicant’s DD Form 2366 declining MGIB coverage was signed on 6 Aug
85.
Congress provided an avenue for individuals to reverse their disenrollment
decisions when, in 1988, it amended Title 38, U.S.C., Section 3108. This
legislation provided an “open period” between 1 Dec 88 and 30 Jun 89 for
individuals to enroll in the MGIB.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. DPSIT states that all individuals receive a
structured MGIB briefing at Basic Military Training and recruiters provide
the individual with written information to read and discuss with the family
prior to enlistment. The applicant offers no evidence of government error.
In addition, he did not participate in the “open window” opportunity to
enroll.
The complete AFPC/DPSIT evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 18 Apr
08 for review and comment within 30 days (Exhibit D). As of this date,
this office has received a response.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or
regulations.
2. The application was not timely filed; however, it is in the interest of
justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. We took notice of the applicant's
complete submission in judging the merits of the case; however, 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
the applicant has not been the victim of an error or 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 Docket Number BC-2007-04074
in Executive Session on 11 June 2008, under the provisions of AFI 36-2603:
Ms. Charlene M. Bradley, Panel Chair
Mr. Steven A. Cantrell, Member
Mr. Michael J. Novel, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 29 Nov 07.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSIT, dated 2 Apr 08.
Exhibit D. Letter, SAF/MRBR, dated 18 Apr 08.
CHARLENE M. BRADLEY
Panel Chair
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