RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03471
		INDEX CODE:  
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be allowed to participate in the Montgomery GI Bill (MGIB) program.

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APPLICANT CONTENDS THAT:

He was rushed through the line by his Technical Instructors and told where to sign without having the opportunity to read what he was signing.  He even had the $1,200 deducted.  He was later told he signed in the wrong place.  His complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 18 Jun 93.  On 2 Aug 93, applicant signed DD Form 2366, MGIB Act of 1984, item 3a, which indicates, "I do not desire to participate in the MGIB.  I understand that I WILL NOT be able to enroll at a later date."  $100 per month was deducted from the applicant's pay for 12 months.  Applicant was released from active duty on 1 May 99 after completion of his required service.  He served 5 years and 11 months on active duty.

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AIR FORCE EVALUATION:

AFPC/DPPAT recommends denial.  DPPAT states the law stipulates that all eligible individuals are automatically enrolled in the MGIB upon entering active duty and are given a one-time opportunity to disenroll.  The applicant attended two detailed lectures that included discussion on the impact of disenrollment.  His records reflect his decision to disenroll from the MGIB.  The $1,200 that was erroneously reduced from his pay will be refunded through administrative action.  The DPPAT 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 on 26 Nov 03 for review and comment within 30 days.  As of this date, this office has received no response.

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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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  The applicant contends that it was his assumption that he had elected to participate in the MGIB program since deductions were being withdrawn from his pay.  Since $100 a month was being deducted from his pay, it is reasonable to conclude that he wanted to participate in the program.  After serving over five years and paying the required $1200, the Air Force states that he elected not to participate in the program and the $1200 will be refunded to the applicant.  In view of the fact that the applicant took no action to stop the payments into the program, we believe that his contention that an error was made at the time of his enlistment has merit.  Therefore, in an effort to remove any doubt of an injustice, we recommend that his records 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 2 August 1993, he elected to participate in the Montgomery GI Bill (MGIB) program.

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The following members of the Board considered AFBCMR Docket Number BC-2003-03471 in Executive Session on 8 Jan 04, 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 Oct 03.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAT, dated 19 Nov 03.
    Exhibit D.  Letter, SAF/MRBR, dated 26 Nov 03.

                                   

AFBCMR BC-2003-03471

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 APPLICANT, be corrected to show that on 2 August 1993, he elected to participate in the Montgomery GI Bill (MGIB) program.