RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03119
		INDEX NUMBER:  128.00
	XXXXXXXXXXX	COUNSEL:  None

	XXX-XX-XXXX	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His original declination of participation in the Montgomery GI Bill (MGIB) be voided and he be allowed to enroll.

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APPLICANT CONTENDS THAT:

He mistakenly signed the DD Form 2366 in the wrong block disenrolling from the MGIB.  He was never advised that he had disenrolled.  After he received his first two leave and earning statements, he noticed that MGIB deductions were not being taken from his pay.  He wants to further his education after his term in the Air Force.

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

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STATEMENT OF FACTS:

The applicant is presently serving on active duty in the grade of airman basic (AB). His Total Active Federal Military Service Date is 3 Jun 03.

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AIR FORCE EVALUATION:

AFPC/DPPAT recommends denial of the applicant’s request.  The MGIB briefing conducted at Basic Military Training is designed to give each member a clear picture of the benefit and implication should he or she choose to disenroll.  When the DD Form 2366 is passed out, the instructor directs each individual to complete Sections 1a and b.  The instructor then begins a detailed review of each item in Section 3, “Statement of Understanding.”  In Section 3, item 1, individuals acknowledge that they are automatically enrolled in the program unless they exercise the option to disenroll by signing Section 5, “Statement of Disenrollment.”  The MGIB briefing contents, procedural steps, delivery, and instructors are continually reviewed and critiqued with little or no notice.  Instructors are directed and required to remain neutral on the MGIB election made by individuals in regard to acceptance or disenrollment from the MGIB.

The complete evaluation is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days.  To date, a reply has not been received.

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  While it does appear that the applicant voluntarily signed the Montgomery GI Bill Statement of Disenrollment, the Board does not find it unreasonable that someone of his grade and time in the Air Force did not fully comprehend the impact of this action or that he mistakenly signed in the wrong block.  Additionally, the Board notes that a relatively short timeframe has elapsed since the applicant disenrolled from the MGIB.  As such, we believe that the applicant should be given the benefit of the doubt regarding his assertion that his disenrollment from the MGIB was unintentional.  Therefore, we recommend that the applicant’s record be corrected as indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 9 Jun 03 he did not elect not to participate in the Montgomery GI Bill.

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The following members of the Board considered Docket Number BC-2003-03119 in Executive Session on 19 Nov 03, under the provisions of AFI 36-2603:

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

     Exhibit A.  DD Form 149, dated 9 Sep 03, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, AFPC/DPPAT, dated 3 Oct 03.
     Exhibit D.  Letter, SAF/MRBR, dated 10 Oct 03.

                                   

AFBCMR BC-2003-03119

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to XXXXXXXX, XXX-XX-XXXX, be corrected to show that on 9 Jun 03 he did not elect not to participate in the Montgomery GI Bill.