RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER:	BC-2008-01475 INDEX CODE:	111.02
XXXXXXXXXXXXXXXXX	COUNSEL: NONE
HEARING DESIRED:	YES

APPLICANT REQUESTS THAT:
He would like to use the Montgomery GI Bill (MGIB).

APPLICANT CONTENDS THAT:
He signed up for the program and served honorably; therefore, he wishes to use the MGIB benefits.

In support of his appeal, the applicant provides copies of a DD Form 2366, Montgomery GI Bill Act of 1984 (MGIB), and an AF IMT 100, Request and Authorization for Separation.

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

STATEMENT OF FACTS:
The Military Personnel Data System indicates the applicant enlisted in the Regular Air Force effective 18 November 2003 at the age of 17. He was progressively promoted to the grade of senior airman effective and with a date of rank of 18 November 2006.  He was honorably released from active duty effective 17 May 2008.

The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit B.

AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial of the applicant’s request. DPSIT states that all MGIB-eligible members are automatically enrolled in the MGIB program upon entering active duty and are given a one-time opportunity to opt out of the program. The disenrollment decision is made within two weeks of entering active duty and is confirmed when the member signs Block 5 of DD Form 2366 which indicates “I DO NOT desire to participate in

MGIB. I understand the benefits of the MGIB program and that I WILL NOT be able to enroll at a later date.”

DPSIT states the applicant elected not to participate by signing a DD Form 2366 on 24 November 2003. On 17 April 2008, prior to his separation, he contacted a staff member at the Patrick Air Force Base Education Services Center about the MGIB. He presented a carbon copy of the DD Form 2366; however, the carbon form was barely legible so the staff member suggested he write over the pertinent data so it could be easily read upon sending it to the Air Force Personnel Center (AFPC) for review. Upon receipt, AFPC compared the copy with the original in the master record and found the applicant had disenrolled from the program. The staff member was informed of the disenrollment and in-turn informed the applicant. After counseling, the applicant decided to apply to the AFBCMR. On 1 May 2008, DPSIT contacted the applicant by memorandum, asking if he could provide an explanation of the discrepancy between the DD Form 2366 he provided and the original; however, the applicant failed to respond.

The DPSIT evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 27 June 2008, for review and comment within 30 days (Exhibit D).  As of this date, this office has received no response.

THE BOARD CONCLUDES THAT:
1.	The applicant has exhausted all remedies provided by existing law or regulations.

2.	The application was timely filed.
3.	Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. We note the applicant’s assertion that he enrolled in the MGIB; however, the evidence of record indicates he voluntarily elected not to participate by signing a DD Form 2366 on 4 November 2003. We find no evidence that he was miscounseled regarding enrollment in the MGIB. Based on the aforementioned, 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. Accordingly, the applicant’s request is not favorably considered.

4.	The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel
1.	
will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered.

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.

The following members of the Board considered this application in Executive Session on 7 August 2008, under the provisions of AFI 36-2603:

Panel Chair
Member
Member
The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2008-01475:

Exhibit A.	DD Form 149, dated 16 Apr 08, w/atchs. Exhibit B.	Applicant's Master Personnel Records. Exhibit C.	Letter, AFPC/DPSIT, dated 16 Jun 08.
Exhibit D.	Letter, SAF/MRBR, dated 27 Jun 08.