RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2008-02608
		INDEX CODE:  100.00
		COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to allow him to re-enroll in the Montgomery GI Bill (MGIB).

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APPLICANT CONTENDS THAT:

He was miscounseled regarding the MGIB.  His basic training class was divided into two groups.  One group was for the individuals who did not join the military for college benefits.  The second group was for those individuals who joined the military for the sole purpose of receiving college benefits.  The individuals who did not join for college benefits were counseled to decline MGIB coverage.

In support of his request, the applicant provided a copy of his DD Form 2366, Montgomery GI Bill Act of 1984 (NEW GI BILL).

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

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STATEMENT OF FACTS:

The applicant is currently serving on active duty in the grade of master sergeant.

The DD Form 2366 he submitted reflects he declined to participate in the MGIB on 18 Aug 89.

On 22 Jul 08, AFPC/DPSITE requested the applicant provide documentation to substantiate his request, such as, statements from witnesses or individuals that advised or miscounseled him regarding the MGIB.  As of this date he has not responded.

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AIR FORCE EVALUATION:

AFPC/DPSITE recommends denial.  DPSITE states the applicant provided no evidence of a government error that caused him to decline participation.  Title 38 United States Code (U.S.C.), Chapter 30, provides benefits for a variety of education programs.  The law stipulates all MGIB-eligible individuals are automatically enrolled in the program upon entering active duty service and are given a thorough briefing on the program.  Individuals who accept the automatic enrollment will incur a monthly payment of $100.00 during the first year of active duty.  Individuals who elect not to participate are given the opportunity to disenroll.  By Law, the decision to disenroll from MGIB is irrevocable.  Disenrollment is complete when the individual completes the portion of the DD Form 2366, 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."

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 26 Sep 08 for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit D).

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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 timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or an injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and the recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has failed to sustain his burden of proof of the existence 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 AFBCMR Docket Number BC-2008-02608 in Executive Session on 5 Nov 08, under the provisions of AFI 36-2603:

				Panel Chair
				Member
				Member

The following documentary evidence was considered:

		Exhibit A.  DD Form 149, dated 3 Jul 08, w/atchs.
		Exhibit B.  Applicant’s Master Personnel Records.
		Exhibit C.  Letter, AFPC/DPSITE, dated 10 Sep 08.
		Exhibit D.  Letter, SAF/MRBR, dated 26 Sep 08.

								
								Panel Chair