RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2007-04074
		INDEX CODE:  100.00
	  	COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His disenrollment from the Montgomery GI Bill (MGIB) of 6 Aug 85, be declared void.

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APPLICANT CONTENDS THAT:

He declined enrollment as a new airman in the Air Force and did not fully understand the one-time only enrollment opportunity.

At the time he declined enrollment, he was concerned more about his ability to send money home to help his family than his education benefits.  

As a young man joining the military, his thoughts were to escape the environment from which he had came and to make a better life for himself and to provide some monetary support to his family back at home.  

He has inquired many times on reversing his declined enrollment and discovered the correction of records process while deployed to Afghanistan.

He has dedicated his life to his country and the Air Force for many years and desires to enroll in the MGIB in hopes to continue his education after his career in the Air Force.

The applicant's complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 26 Jul 85 and is currently serving in the grade of technical sergeant.

Title 38, U.S.C, Chapter 30, stipulates that all MGIB-eligible individuals are automatically enrolled in the program upon entering active duty and are given a thorough briefing on the program.  Individuals accepting the automatic enrollment incur a monthly pay reduction of $100 during the first year of active duty.  Individuals desiring not to participate are given the opportunity to disenroll. By law, disenrollment is an irrevocable decision.  Disenrollment is complete when the individual completes that part of the DD Form 2366, Veteran’s Educational Assistance Act of 1984 (GI Bill), which states, “I do not desire to participate in the GI Bill of 1984.  I understand that the option to enroll will not be available to me at a later date.”

The applicant’s DD Form 2366 declining MGIB coverage was signed on 6 Aug 85.  

Congress provided an avenue for individuals to reverse their disenrollment decisions when, in 1988, it amended Title 38, U.S.C., Section 3108.  This legislation provided an “open period” between 1 Dec 88 and 30 Jun 89 for individuals to enroll in the MGIB.

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AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial.  DPSIT states that all individuals receive a structured MGIB briefing at Basic Military Training and recruiters provide the individual with written information to read and discuss with the family prior to enlistment.  The applicant offers no evidence of government error.  In addition, he did not participate in the “open window” opportunity to enroll.

The complete AFPC/DPSIT 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 18 Apr 08 for review and comment within 30 days (Exhibit D).  As of this date, this office has received a 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.  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 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-2007-04074 in Executive Session on 11 June 2008, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 29 Nov 07.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPSIT, dated 2 Apr 08.
    Exhibit D.  Letter, SAF/MRBR, dated 18 Apr 08.