RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02398
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His DD Form 214, Armed Forces of the United States Report of
Transfer or Discharge be corrected to reflect he contributed to
the Montgomery GI Bill (MGIB).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He contributed to the MGIB. At the time of his discharge he was
bullied into marking that he did not contribute even though he
did, he was young and did not know any better.
In support of his request, the applicant provides a copy of his
DD Form 2366, Montgomery BI Bill Act of 1984.
The applicant's complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 8 Feb 93, the applicant enlisted in the Regular Air Force. On
6 Aug 96, he was discharged with an under honorable conditions
(general) discharge.
He served 3 years, 5 months and 29 days of total active service.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSIT recommends denial. DPSIT states a members MGIB
is not annotated on the DD Form 214. The only annotation on a
DD Form 214 is for the contributions to the Post-Vietnam ERA
Veterans Educational Assistance Program (VEAP), Chapter
34 which the applicant was not eligible for. The applicant
is confusing two different GI Bill programs. He signed up for
Chapter 30, MGIB on 8 Feb 93, and his pay was reduced by
$1200.00.
The applicants DD Form 214 is correct as he did not contribute
to the VEAP program. In addition, his DD Form 214 is annotated
with a separation code that makes him ineligible for the MGIB.
The complete 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 29 Jul 11 for review and comment within 30 days
(Exhibit D). As of this date, this office has not 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. After a
thorough review of the available evidence and the applicants
complete submission, we do not find it sufficient to conclude
that his records should be corrected to show he contributed to
the Montgomery GI Bill. Therefore, 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 the applicant has not been the victim of an error or
injustice. In the absence of evidence to the contrary, we find
no 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-2011-02398 in Executive Session on 15 Nov 11, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 26 Jun 11.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. HQ AFPC/DPSIT, Letter, dated 13 Jul 11.
Exhibit D. SAF/MRBR, Letter, dated 29 Jul 11.
Panel Chair
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