RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 	DOCKET NUMBER: BC-2013-04532
					COUNSEL: NONE
		HEARING DESIRED: NO 


APPLICANT REQUESTS THAT:

1.  Her separation code of “MND,” which denotes 
“Miscellaneous/General Reasons,” be changed to “COG,” which 
denotes “Convenience of the Government.”   

2.  In the alternative, she requests the $1,200 she paid into 
the Montgomery GI Bill (MGIB) prior to her separation be 
refunded.


APPLICANT CONTENDS THAT:

In 2005, she separated under the Fiscal Year 2004 (FY04) Force 
Shaping Phase II Program for the Convenience of the Government.  
Prior to her separation, she paid into the MGIB under Chapter 
30.  She was denied the use of the MGIB benefits by the 
Department of Veterans Affairs (DVA) because of her separation 
code.  

She was informed by the Air Reserve Personnel Center (ARPC) 
Education Office that her separation code needs to be changed to 
reflect “COG” so the DVA can consider her eligibility for the 
MGIB. 

In support of her requests, the applicant provides copies of her 
DD Form 214, Certificate of Release or Discharge from Active 
Duty; DD Form 2366, MGIB Basic Enrollment; DD Form 1131, Cash 
Collection Voucher and various other documents associated with 
her appeal.

The applicant’s complete submission, with attachments, is at 
Exhibit A.


STATEMENT OF FACTS:

On 31 May 03, the applicant was appointed a second lieutenant in 
the Reserve of the Air Force. 

On 28 Jun 03, the applicant entered active duty.  

On 8 Mar 05, the applicant requested she be released from active 
duty in accordance with AFI 36-3207, Separating Commissioned 
Officers, paragraph 2.4.17, Miscellaneous Reasons, to be 
effective 15 Sep 05.

According to a DD Form 2366, dated 14 Jun 05, the applicant 
acknowledged that she must complete 36 months of active duty 
service (24 months if her enlistment was for less than 
36 months) before she is entitled to the current rate of monthly 
benefits. 

According to MPFM 04-35, AF Force Shaping Program, Phase II, 
dated 11 Aug 04, officers released from active duty service 
under the FY04 Force Shaping Phase II program, are given a 
narrative reason for separation of miscellaneous/general reasons 
and a separation code of MND. 

According to Defense Finance and Accounting Service, the 
applicant made four monetary contributions into the MGIB program 
prior to her 15 Sep 05, separation, totaling $1,200.  

On 15 Sep 05, the applicant was released from active duty with a 
narrative reason for separation of miscellaneous/general reasons 
and separation code of MND.  She was credited with 2 years, 
2 months and 17 days of total active service. 

In a DVA letter dated 16 Apr 13, the applicant was advised that 
in order for the VA to reopen her claim for VA education 
benefits, she needed to provide a copy of her DD Form 214 that 
shows her separation code reason as “Convenience of the 
Government (COG).”  The letter also states the applicant’s 
narrative reason for separation reflects “Expiration of Term of 
Service (ETS).” 


AIR FORCE EVALUATION:

AFPC/DPSOR recommends denial.  Based on the documentation on 
file in the applicant’s personnel records, the discharge to 
include the separation code, narrative reason for separation and 
character of service was appropriately administered and within 
the discretion of the discharge authority.

The applicant’s narrative reason for separation is correct as 
reflected on her DD Form 214.  Per the instructions of MPFM 04-
35, officers requesting separation under the FY04 Force Shaping 
Program, Phase II will request separation under “miscellaneous 
reasons” as outlined in AFI 36-3207, Separating Commissioned 
Officer – Miscellaneous Reasons. 

The applicant did not provide any evidence that an error or 
injustice occurred during the discharge process.

The complete DPSOR evaluation is at Exhibit C.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Prior to her separation she was briefed by the education office 
that she was eligible for the MGIB, Chapter 30.  She signed the 
DD Form 2366 and elected to have $1,200 deducted from her pay 
prior to her separation. She only received two years of a 
Reserve Officer Training Corps (ROTC) scholarship.

She was advised that the DVA will only consider her application 
if her separation code is changed to “COG.” 

She voluntarily separated under the FY04 Force Shaping Program; 
was offered the MGIB prior to separating and wants to use the 
benefit she paid into.

If she was misinformed at the time of separation regarding her 
eligibility, she requests to be refunded the $1,200 that was 
deducted from her pay prior to separation.

The applicant’s complete submission is at Exhibit E.


ADDITIONAL AIR FORCE EVALUATION:

After reviewing the applicant’s rebuttal, dated 3 Feb 14, the 
Board staff requested an advisory opinion from DPSIT to discuss 
the applicant’s request to be refunded the $1,200 she paid to 
participate in the MGIB, Chapter 30 program prior to her 
separation.  AFPC/DPSIT states the applicant was separated under 
“miscellaneous/general reasons” and therefore did not qualify 
for the MGIB and is not eligible for a refund of the $1,200.

The complete DPSIT evaluation is at Exhibit F.

After reviewing the DPSIT advisory opinion dated 6 Aug 14, the 
Board staff requested DPSIT provide another advisory opinion to 
address the reason and regulation which states officers 
separated for “miscellaneous/general reasons” are not entitled 
to a refund.  DPSIT again recommended denial and states in 
accordance with Title 38 United States Code, section 3011, 
paragraph (b) (3), “Any amount by which the basic pay of an 
individual is reduced under this subsection shall revert to the 
treasury and shall not, for purposes of any Federal Law, be 
considered to have been received by or to be within the control 
of such individual.” 

In addition, on 14 Jun 05, the applicant acknowledged and signed 
DD From 2366, section 3(2), which states: “unless I disenroll 
from the MGIB, my basic pay will be reduced $100 per month, or 
the current monthly rate until $1,200 has been deducted; this 
basic pay reduction cannot be refunded, suspended or stopped, 
this is an irrevocable decision.”  

The complete DPSIT evaluation is at Exhibit G.


APPLICANT’S REVIEW OF ADDIITONAL AIR FORCE EVALUATIONS:

Copies of the Air Force evaluations were forwarded to the 
applicant on 12 Sep 14, for review and comment within 30 days 
(Exhibit H).  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 an error or injustice to warrant 
changing her separation code.  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 DPSOR and adopt 
its rationale as the basis for our conclusion the applicant has 
not been the victim of an error of injustice.  Therefore, in the 
absence of evidence to the contrary, we find no basis to 
recommend favorable consideration on this portion of her 
application.

4.  Notwithstanding the above, sufficient relevant evidence has 
been presented to demonstrate the existence of an error or 
injustice to warrant partial relief.  In this respect, we note 
that prior to the applicant’s involuntarily separation under the 
FY04 Force Shaping Program, she made monetary contributions for 
the MGIB.  However, according to the DVA letter dated 16 Apr 13, 
the applicant was advised that in order to receive the MGIB, her 
DD Form 214 had to be changed to reflect “Convenience of the 
Government.”  Although there is no error or injustice with the 
applicant’s separation code, we do not find it reasonable that 
she would have paid $1,200 to enroll in the MBIB program had she 
known she did not qualify.  As such, we find it in the interest 
of justice to recommend the applicant’s records be corrected to 
show she disenrolled from the MGIB and was refunded the 
$1,200 she paid to enroll.  Accordingly, we recommend the 
applicant’s records be corrected to the extent 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 on 15 Jun 
05, she elected to disenroll from the Montgomery GI Bill (MGIB) 
program by signing block 5 of the DD Form 2366, Montgomery GI 
Bill Act of 1984 Basic Enrollment.


The following members of the Board considered AFBCMR Docket 
Number BC-2013-04532 in Executive Session on 9 Dec 14, under the 
provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

All members voted to correct the record as recommended.  The 
following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 18 Sep 14, w/atchs.
	Exhibit B.  Applicant's Available Personnel Records.
	Exhibit C.  Letter, AFPC/DPSOR, dated 18 Nov 13.
Exhibit D.  Letter, SAF/MRBR, dated 10 Jan 14.
Exhibit E.  Letter, Applicant, dated 3 Feb 14.
Exhibit F.  Letter, AFPC/DPSIT, dated 6 Aug 14.
Exhibit G.  Letter, AFPC/DPSIT, dated 2 Sep 14.
Exhibit H.  Letter, SAF/MRBR, dated 12 Sep 14.