RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER: BC-2008-02923 INDEX CODE:	100.00

COUNSEL:	NONE HEARING DESIRED:	YES

APPLICANT REQUESTS THAT:
Her records be corrected to allow her to use her Montgomery GI Bill (MGIB) benefits.

APPLICANT CONTENDS THAT:
She unknowingly initialed and signed AF Form 3008, Supplement to Enlistment Agreement – United States Air Force, which excluded her from receiving Montgomery GI Bill (MGIB) benefits until her second enlistment. She was instructed to sign the AF Form 3008, and the form’s contents were not explained to her.

She enlisted in the Air Force in 2004, with a Bachelor of Science degree in Social Work with hopes to serve her country for the next four years and receive the educational benefits that would enable her to obtain her graduate degree, and become an officer in the United States Air Force.

During her enlistment process and throughout basic military training she was asked to sign and initial numerous forms. It was during that period she unknowingly initialed and signed a document that excluded her from receiving her MGIB benefits until her second enlistment.

She proudly served her Country for the past four years. She earned her certification as a Certified Alcohol and Drug Abuse Counselor, becoming the lowest ranking Airman in the history of the Air Force to accomplish this feat. She served a 210-day deployment in Iraq and earned a Bronze Star medal.

In support of her request, the applicant provided a personal statement, a letter from The University of Kansas Graduate School, a copy of her DD Form 2366, Montgomery GI Bill Act of 1984 (MGIB) Basic Enrollment, a copy of AF Form 3008, and a copy of the narrative for award of the Bronze Star Medal.

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

STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 8 Jun 04, for a period of four years.

During her enlistment process she initialed Block E (Remarks) on AF Form 3008, acknowledging her understanding that to qualify for the MGIB she “must qualify for and enter a second term of active duty enlistment (does not need to be consecutive term) to complete MGIB eligibility or she will forfeit her MGIB contributions and eligibility.”

On 15 Jun 04, applicant signed a DD Form 2366, MGIB Act of 1984, electing to enroll in the MGIB. Based on this election, she was enrolled in the MGIB program and $100 was reduced from her pay for 12 months to comply with the requirements of the Law.

The applicant’s enlistment contract includes the Enlisted College Loan Repayment Program (ECLRP) incentive statement, which the applicant initialed.

On 1 Aug 08, the applicant was honorably separated and transferred to the Air Force Reserve, after completion of her first term of service.

AIR FORCE EVALUATION:
HQ AFPC/DPSITE recommends denial. DPSITE states the applicant offers no evidence that can support a government error. Additionally, the law does not provide the authority for individuals to refund money paid by the government. Should the Board grant the relief, the applicant should be required to refund the full $10,000 paid towards her loans ($7,200 paid to her lending institution and the $2,800 taken out for federal taxes).

The ECLRP is an enlistment incentive where the Air Force assists individuals by repaying a portion of their outstanding federal student loans.  The ECLRP pays the lesser amount of one-third or
$3,333.33 per year for three years. The maximum repayment amount is $10,000 less federal income tax. The ECLRP incentive election statement is documented on an AF Form 3008.

The MGIB provides benefits for a variety of education and training programs. All eligible individuals are automatically enrolled in the MGIB upon entering active duty and given a one- time opportunity to disenroll should they desire not to participate in the program. Trainees may make an election to disenroll within two weeks of entering active duty and after a thorough briefing detailing the program benefits. The MGIB briefing at basic training is comprised of a video and oral presentation guided by an instructor, this curriculum includes three statements that individuals can enroll in both the ECLRP

and MGIB in the initial enlistment but would need to establish MGIB eligibility during a second enlistment.

Title 38, U.S.C, Section 3033 states the period of service used to repay ECLRP benefits cannot be used to establish entitlement for the MGIB. Individuals wanting to take advantage of both programs can have loans repaid during the first enlistment and establish MGIB eligibility during a second enlistment.

On 10 Sep 08, a letter was sent to the applicant requesting supporting documentation that could support a government error or injustice.  No supporting documentation was provided.

The complete DPSITE evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 30 Jan 09, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days. To date, a response has not been received.

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.	After	a	
thorough review of the evidence of record and the applicant’s submission, we are not persuaded she has suffered from either an error or injustice. While she contends she was instructed to sign the AF Form 3008 without an explanation of the form’s contents, we do not find this uncorroborated assertion, in and by itself, sufficiently persuasive to override the rationale provided by the Air Force office of primary responsibility. We therefore adopt the rationale expressed as the basis for our decision that she has not sustained her burden of having suffered either an error or an injustice. In view of the above and absent persuasive evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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 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 Docket Number BC-2008-02923 in Executive Session on 11 March 2009, under the provisions of AFI 36-2603:

Chair 
Member 
Member

The following documentary evidence pertaining to Docket Number BC-2008-02923 was considered:

Exhibit A.	DD Form 149, dated 11 Aug 08, w/atchs. Exhibit B.	Applicant's Master Personnel Records. Exhibit C.	Letter, AFPC/DPSITE, dated 8 Jan 09.
Exhibit D.	Letter, SAF/MRBR, dated 30 Jan 09.