RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2007-01091
								INDEX CODE:  100.00
					               COUNSEL:  NONE

								HEARING DESIRED:  YES

________________________________________________________________

APPLICANT REQUESTS THAT:

He receive a waiver of his second term of enlistment and be made eligible for the Montgomery GI Bill (MGIB) benefit upon his release from active duty, or be reimbursed for the $1,800.00 he invested in the MGIB program.

________________________________________________________________

APPLICANT CONTENDS THAT:

He was not informed that he had to enter a second term of enlistment and serve honorably to qualify for MGIB benefits.

In support of the appeal, applicant submits three copies of College Loan Repayment Program (CLRP) Payment Authorization Memorandums, a letter from the Department of Veterans Affairs, DD Form 2366, Montgomery GI Bill Act of 1984, DD Form 2366-1, Montgomery GI Bill Act of 1984 Increased Benefit Contribution Program, DD Form 4, Enlistment/Reenlistment Document Armed Forces of the United States and a copy of AF Form 3005, Guaranteed Aptitude Area Enlistment Agreement Non-Prior Service-United States Air Force.

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant contracted his initial enlistment in the Regular Air Force on 2 Oct 01, in the grade of airman first class.  During his in-processing at Lackland AFB, TX, on 16 Oct 01, he completed Section 2 of DD Form 2366, indicating he understood he was eligible for the MGIB.  On 15 Nov 01, he was offered and elected to participate in the CLRP.  He also elected to add an additional MGIB contribution amount of $600.  The Defense Finance & Accounting Service paid the maximum amount of $10,000.00 to his lender for his federal student loan.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAT recommends partial relief.  DPPAT states, in part, they found no evidence that the applicant was briefed of the condition requiring him to enter, and complete, a second enlistment to qualify for MGIB benefits.  Since there is no documentation to dispute the applicant’s claim an error or injustice exists, warranting corrective action, DPPAT recommends refunding the applicant the $1,800.00 he contributed to the MGIB. Pubic Law does not allow the DVA to pay MGIB benefits to the applicant.

The AFPC/DPPAT evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was forwarded to the applicant on 13 Jul 07, for review and comment, within 30 days.  However, as of this date, no response has been received by this office.

________________________________________________________________

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 to warrant refunding the applicant his MGIB contributions.  The law clearly prohibits the applicant from using his first enlistment to establish eligibility and claim both CLRP and MGIB benefits. Therefore, his request for a waiver of a second term of enlistment is denied.  However, it appears the applicant was not initially informed upon enrolling into the MGIB program that he was required to enter a second term of enlistment and serve honorably for a determined period of the second enlistment, to qualify for the MGIB benefit.  In this regard, we believe some form of relief should be granted.  In view of the above, we recommend that his records be corrected to the extent indicated below.

4.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved.  Therefore, the request for a hearing is not favorably considered.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 16 October 2001, he elected to disenroll from the Montgomery GI Bill (MGIB) program by signing block 4 of the DD Form 2366, Montgomery GI Bill Act of 1984 Basic Enrollment.

________________________________________________________________

The following members of the Board considered Docket Number BC-2007-01091 in Executive Session on 4 Dec 07 under the provisions of AFI 36-2603:

				XXXXXXXXXX, Vice Chair
				XXXXXXXXXX, Member
				XXXXXXXXXX, Member

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

    Exhibit A.  DD Form 149, dated 30 Mar 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAT, dated 17 May 07.
    Exhibit D.  Letter, SAF/MRBR, dated 13 Jul 07.

                                  XXXXXXXXXX
                                  Panel Chair