RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-00874
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to allow him to participate in the
Montgomery GI Bill (MGIB) Increased Benefit Contribution Program.
_________________________________________________________________
APPLICANT CONTENDS THAT:
During his out-processing, he requested a $600.00 deduction
(reflected on his attached finance worksheet AF Form 3500, Separation Pay Worksheet) be deducted from his final pay to go
towards the MGIB Increased Benefit Contribution Program (also
known as MGIB Bill buy-up or kicker program).
The payment was never made by his servicing finance office which
has prevented him from receiving his full educational benefits,
resulting in $5,000.00 to $6,000.00 in lost educational tuition
payments.
He completed the DD Form 2366-1, Montgomery GI Bill Act of 1985 - Increased Benefit Contribution Program, which supports his intent
and desire to pay the $600.00 in order to receive the educational
benefits. However, his final Leave and Earnings Statement (LES)
1-30 Sep 07, does not reflect the $600.00 deduction. He should
be allowed to make a back-dated payment of $600.00.
In support of his request, the applicant provides copies of a
letter addressed to the Defense Finance and Accounting Services
(DFAS) Claims Service, his LES, AF Form 350, Finance Out-
Processing Worksheet, DD Form 2366-1, and email correspondence.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application are contained
in the letter prepared by the appropriate office of the Air Force
at Exhibit B. Accordingly, there is no need to recite these
facts in this Record of Proceedings.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. DPSIT states although the
applicant may have been capable of paying the $600.00, there was
no money ever collected from finance, which was confirmed in a
pay history review by DFAS.
The fact the education center completed the DD Form 2366-1, does
not confirm enrollment in the MGIB buy-up program. The applicant
had to take the form to the finance office and actually make the
contribution. The finance office would confirm the contribution
by providing the applicant with a DD Form 1131, Cash Collection
Voucher, and/or annotating the DD Form 1131. This in turn would
drive a Joint Uniform Military Pay (JUMPS) transaction to DFAS.
The complete DPSIT evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 15 Jul 11, a copy of the Air Force evaluation was forwarded to
the applicant for review and comment within 30 days. To date, a
response has not been received (Exhibit C).
_________________________________________________________________
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. Sufficient relevant evidence has been presented to
demonstrate the existence of error or injustice that would
warrant relief in this case. The applicant contends since he
completed the paperwork requesting the $600.00 deduction prior to
being released from active duty that he should receive his full
education benefits. We note the law states that a member must
make the election and pay the associated costs while serving on
active duty. However, based on the evidence provided, we believe
the applicant thought he completed all the necessary requirements
for this program and we find no basis to question the applicant's
account in this matter and do not find it reasonable that he
would have knowingly elected not to pursue use of this important
entitlement. Therefore, we elect to resolve any doubt in this
matter in behalf of the applicant and recommend the records be
corrected as indicated below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that contingent upon
his payment of the required minimum contribution, that on 27 May
2007, he elected to participate in the Montgomery GI Bill
Increased Benefit Contribution Program.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-00874 in Executive Session on 22 Sep 11, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 3 Mar 11, w/atchs.
Exhibit B. Letter, AFPC/DPSIT, dated 28 Jun 11.
Exhibit C. Letter, SAF/MRBR, dated 15 Jul 11.
Panel Chair
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