RECORD OF PROCEEDINGS

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2007-01082
								INDEX CODE:  100.00
	   				COUNSEL:  NOT INDICATED

								HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  7 OCT 2008

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APPLICANT REQUESTS THAT:

His records be corrected to show he elected to participate in the Montgomery GI Bill (MGIB) Program rather than declining to participate in the program.

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APPLICANT CONTENDS THAT:

He was checking his records and discovered he was not entitled to the MGIB.  He believes educational benefits are something everyone should be entitled to, and was under the impression throughout his career that he was entitled to educational benefits.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant contracted his initial enlistment in the Regular Air Force on 4 September 1985, for a term of six years, and was progressively promoted to the grade of master sergeant.  His records reflect he declined participation in the MGIB on 13 September 1985, via a DD Form 2366, Veterans’ Educational Assistance Act of 1984.  

On 25 April 2007, the applicant was informed that his records reflect he elected to decline the MGIB and requested he provide documentation to support a government error or injustice.  (Exhibit B)

He retired in the grade of master sergeant on 1 September 2007.

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AIR FORCE EVALUATION:

AFPC/DPPAT recommends denial.  DPPAT states, in part, the applicant’s request merits denial based on the Defense of Laches.  In the interest of justice, the applicant was asked to provide information that could support a government error or injustice.  His 11 June 2007, response did not support a government error, but an ideological point of view.  

The Defense of Laches denies relief to one who has unreasonably and inexcusably delayed in asserting a claim.  In this case, his declination statement took effect over 20 years ago.  His unreasonable delay has caused prejudice to the Air Force through fading of memories or lack of witnesses who can recall this specific event where the applicant elected to decline MGIB participation.  

In short, the Air Force asserts that the applicant’s unreasonable delay regarding a matter dating back to 13 September 1985 greatly complicates the ability to determine the merits of the applicant’s position.  Approval violates Title 38 U.S.C. Chapter 30.

The AFPC/DPPAT evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states in part, although the advisory opinion states his records reflect he declined participation in the MGIB, he does not recall taking this action.  However, thinking back over the last 21 years he can understand why he and others would possibly decline the MGIB.  Asking a 17 or 18 year old enlistee during a hectic and stressful time to make this type of decision, while being pushed through basic training is an injustice.  He is aware of many individuals who declined the MGIB, but later regretted that decision.  All of whom stated, the time frame and the pressures during basic training were not fair circumstances for them to be forced to make such a vital decision.

The applicant’s complete response is at Exhibit E.

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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.  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 opinions and recommendation of the Air Force office of primary responsibility and adopt its rationale 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 compelling basis to recommend granting the relief sought in this application.

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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.

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The following members of the Board considered Docket Number BC-2007-01082 in Executive Session on 18 September 2007, under the provisions of AFI 36-2603:

				XXXXXXXXXX, Chair
				XXXXXXXXXX, Member
				XXXXXXXXXX, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 12 Mar 07, w/atchs.
    Exhibit B.  Applicant’s Master Personnel Records
    Exhibit C.  Memo, AFPC/DPPAT, dated 16 Jul 07.
    Exhibit D.  Letter, SAF/MRBR, dated 10 Aug 07.
    Exhibit E.  Letter, Applicant, dated 11 Jun 07, w/atch.

                                   XXXXXXXXXX
                                   Chair