RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-02608
INDEX CODE: 100.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to allow him to re-enroll in the Montgomery
GI Bill (MGIB).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was miscounseled regarding the MGIB. His basic training class was
divided into two groups. One group was for the individuals who did
not join the military for college benefits. The second group was for
those individuals who joined the military for the sole purpose of
receiving college benefits. The individuals who did not join for
college benefits were counseled to decline MGIB coverage.
In support of his request, the applicant provided a copy of his DD
Form 2366, Montgomery GI Bill Act of 1984 (NEW GI BILL).
Applicant’s complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving on active duty in the grade of
master sergeant.
The DD Form 2366 he submitted reflects he declined to participate in
the MGIB on 18 Aug 89.
On 22 Jul 08, AFPC/DPSITE requested the applicant provide
documentation to substantiate his request, such as, statements from
witnesses or individuals that advised or miscounseled him regarding
the MGIB. As of this date he has not responded.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSITE recommends denial. DPSITE states the applicant provided
no evidence of a government error that caused him to decline
participation. Title 38 United States Code (U.S.C.), Chapter 30,
provides benefits for a variety of education programs. The law
stipulates all MGIB-eligible individuals are automatically enrolled in
the program upon entering active duty service and are given a thorough
briefing on the program. Individuals who accept the automatic
enrollment will incur a monthly payment of $100.00 during the first
year of active duty. Individuals who elect not to participate are
given the opportunity to disenroll. By Law, the decision to disenroll
from MGIB is irrevocable. Disenrollment is complete when the
individual completes the portion of the DD Form 2366, 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."
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on 26
Sep 08 for review and comment 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 failed to sustain his
burden of proof of the existence 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 AFBCMR Docket Number BC-
2008-02608 in Executive Session on 5 Nov 08, under the provisions of
AFI 36-2603:
Ms. Charlene M. Bradley, Panel Chair
Mr. Garry G. Sauner, Member
Mrs. Lea Gallogly, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 3 Jul 08, w/atchs.
Exhibit B. Applicant’s Master Personnel Records.
Exhibit C. Letter, AFPC/DPSITE, dated 10 Sep 08.
Exhibit D. Letter, SAF/MRBR, dated 26 Sep 08.
CHARLENE M. BRADLEY
Panel Chair
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