RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00440
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His AF Form 3008, Supplement to Enlistment Agreement, be void and
removed from his records.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was guaranteed benefits by his recruiter and at Basic Military
Training (BMT) that cannot be delivered with a four year term
enlistment. He was provided false information.
It was explained that the AF Form 3008 was completely
supplemental and had no effect on the Montgomery GI Bill (MGIB)
eligibility. He signed the AF Form 3008 with the intent of
receiving the MGIB after his four year enlistment. Since that
scenario is not feasible, he asks that the AF Form 3008 be
declared void and removed from his records. He plans to attend
law school using the MGIB.
No payments have been made for the Enlisted College Loan
Repayment Program (ECLRP).
In support of his request, the applicant provides a copy of his
AF Form 3008 and a personal statement.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 10 Jul 12, the applicant enlisted in the Regular Air Force.
?
According to an AF Form 3008 dated 10 Jul 12, the applicant
acknowledged and signed that he understood he would have to
qualify for and enter a second term of active duty or enlistment
to complete the MGIB eligibility or he would automatically
forfeit his MGIB contribution and eligibility.
_______________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. There was no proof of a government
error in completing the AF Form 3008. The applicant appears to
not understand that he has to enter a second term of active duty
or another enlistment to qualify for the MGIB. The applicant
signed AF Form 3008 which states, I further understand that
while at Basic Military Training, I will automatically be
enrolled in the MGIB and will make a $100.00 monthly contribution
for 12 consecutive months unless I choose to be disenrolled. I
also understand I must qualify for and enter a second term of
active duty or enlistment (does not need to be a consecutive
term) to complete MGIB eligibility or I will forfeit my MGIB
contribution and eligibility. The applicant contributed
$1,200.00 for the MGIB.
The applicant never submitted the applicable documentation to
DPSIT to initiate ECLRP. Consequently, no payments were ever
made to his lender(s) via the program and there is no adverse
impact on his education benefits. The applicant can use the MGIB
within the established guidelines. He can show the attached
letter to the applicable Department of Veterans Affairs (DVA)
regional office if necessary to verify his non-participation in
the ECLRP.
The complete DPSIT evaluation, with attachment, is at Exhibit B.
_______________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 27 Jun 14, a copy of the Air Force evaluation was provided to
the applicant for review and comment within 30 days (Exhibit C).
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 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 the
rationale expressed 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
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
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-
2014-00440 in Executive Session on 12 Nov 14, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following pertinent documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 Jan 14, w/atchs.
Exhibit B. Memorandum, AFPC/DPSIT, dated 16 Jun 14, w/atch.
Exhibit C. Letter, SAF/MRBR, dated 27 Jun 14.
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