RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04866
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to enroll in the Montgomery GI Bill (MGIB).
________________________________________________________________
APPLICANT CONTENDS THAT:
He was miscounseled. He was advised that he could not
participate in the MGIB while participating in other federally
funded or backed programs. This is the reason he opted out of
the MGIB.
In support of his request, the applicant provides a personal
statement and copies of his DD Forms 214, Certificate of Release
or Discharge from Active Duty.
The applicant's complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 22 Jun 1992, the applicant enlisted in the Regular Air Force.
He was honorably discharged on 8 Jun 1998.
According to AFPC/DPSIT, 38 USC, Chapter 30, MGIB, provides
benefits for a variety of education and training programs. The
law stipulates all MGIB-eligible individuals are automatically
enrolled in the MGIB upon entering active duty and are given a
one-time opportunity for disenrollment should they desire not to
participate in the program. Eligible applicants may disenroll
after a detailed lecture on benefits. Disenrollment is
accomplished by signing the statement of disenrollment on the DD
Form 2366, Montgomery GI Bill Act of 1984 (MGIB) Basic
Enrollment. The applicant's record reflects he disenrolled from
the MGIB on 1 Jul 1992.
________________________________________________________________
THE AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. DPSIT states the applicants
claim of discovering eligibility after declining the program is
without merit. Approval of this request would be a violation of
38 USC, Chapter 30, Section 3011, Basic Educational Assistance
Entitlement for Service on Active duty.
The complete DPSIT evaluation is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
On 12 Apr 2012, a copy of the Air Force evaluation was forwarded
to the applicant for review and comment within 30 days. As of
this date, no response has been received by this office (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. 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 the applicant has not
been the victim of an error or injustice. Therefore, 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 this application
in Executive Session on 15 Jan 2013, under the provisions of AFI
36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to Docket number
BC-2011-04866 was considered:
Exhibit A. DD Form 149, dated 5 Jan 2012, w/atchs.
Exhibit B. Letter, AFPC/DPSIT, dated 2 Apr 2012.
Exhibit C. Letter, SAF/MRBR, dated 12 Apr 2012.
Panel Chair
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