RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2008-02240 INDEX CODE:	128.11

XXXXXXX	COUNSEL:	NONE

HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
His records be corrected to show he elected to participate in the Montgomery GI Bill (MGIB).

APPLICANT CONTENDS THAT:
At basic training, he mistakenly signed his GI Bill application declining the MGIB due to a language barrier. At his active duty station, his language barrier became obvious because he needed special assistance understanding his career development courses (CDCs). An English comprehension test was taken which resulted in a failure.

In support of his application, applicant provides a personal statement and letter, copies of AF Form 910, Enlisted Performance Report, and a letter from his supervisor.

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

STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 20 April 2004 and was progressively promoted the grade of senior airman. He was honorably discharged after serving 4 years and 19 days of total active service.

The All-Volunteer Force Educational Assistance Program referred to as the Montgomery GI Bill, provided benefits for a variety of education and training programs. The law stipulates that all MGIB-eligible individuals are automatically enrolled in the MGIB upon entering active duty and are given a one-time opportunity to disenroll should they desire not to participate. Eligible applicants may disenroll within two weeks of entering active duty after a detailed lecture on benefits. Disenrollment is completed by signing a DD From 2366. The applicant's record reflects his decision on 29 April 2004 not to participate in the MGIB program

and his understanding he would not be able to reenroll at a later date.

AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial and states the applicant provides no evidence that his decision to decline the MGIB was due to a government error or injustice. The evidence that he provides supports only his wish for a higher level of education. DPSIT fully understands the applicant's desire to secure MGIB benefits, especially now that he has voluntarily separated from active duty, but he offers no evidence of a government error that caused him to decline participation. Approval of this request would violate 38 U.S.C., Chapter 30.

AFPC/DPSIT's complete 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 8 August 2008, for review and comment within 30 days. 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.	Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. In this respect we note the evidence of record shows the applicant elected not to participate in the MGIB and understood he would not be able to reenroll at a later date. 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.

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 Docket Number BC- 2008-02240 in Executive Session on 9 September 2008 under the provisions of AFI 36-2603:

Panel Chair 
Member
Member
The	following	documentary	evidence	pertaining	to	Docket Number BC-2008-02240 was considered:

Exhibit A.	DD Form 149, dated 13 Mar 08, w/atchs. Exhibit B.	Applicant's Master Personnel Records. Exhibit C.	Letter, AFPC/DPSIT, dated 21 Jul 08.
Exhibit D.	Letter, SAF/MRBR, dated 8 Aug 08.