RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-03407
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be disenrolled from the Montgomery GI Bill (MGIB).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He did not know about the Post 9/11 GI Bill when he inadvertently
enrolled in the MGIB.
In support of his appeal, the applicant provides copies of two DD
Forms 2366, Montgomery GI Bill Act of 1984 (MGIB) Basic
Enrollment.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving in the Regular Air Force in
the grade of captain (O-3). On 6 July 2010, the applicant signed
a DD Form 2366 enrolling in the MGIB. On 31 August 2010, he
submitted a DD Form 2366 indicating he did not desire to
participate in the MGIB.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. DPSIT states the All-Volunteer
Force Educational Assistance Program, referred to as the MGIB,
provides benefits for a variety of educational and training
programs. Title 38, United States Code, Chapter 30 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. The applicant was initially enrolled on 6 July 2010
by signing a DD Form 2366. The DD Form 2366, Part 3(2) states
This basic pay reduction cannot be refunded, suspended, or
stopped this is an irrevocable decision. The applicant
subsequently attempted to request disenrollment by signing
another DD Form 2366 on 31 August 2010 indicating he did not
desire to participate in the MGIB; however, it has no effect on
his enrollment in the MGIB.
DPSIT indicates that the applicants enrollment in the MGIB has
no impact on his eligibility for the Post 9/11 GI Bill.
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 22 July 2011 for review and comment within 30 days. As of
this date, this office has received no response.
The applicants complete rebuttal is at Exhibit E.
_________________________________________________________________
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 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 their
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 AFBCMR Docket
Number BC-2010-03407 in Executive Session on 8 September 2011,
under the provisions of AFI 36-2603:
, Vice Chair
, Member
, Member
The following documentary evidence was considered in connection
with AFBCMR Docket Number BC-2010-03407:
Exhibit A. DD Form 149, dated 8 Sep 10, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIT, dated 28 Jun 11.
Exhibit D. Letter, SAF/MRBR, dated 22 Jul 11.
Vice Chair
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