RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-03407 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

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APPLICANT REQUESTS THAT: 

 

He be disenrolled from the Montgomery GI Bill (MGIB). 

 

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APPLICANT CONTENDS THAT: 

 

He did not know about the Post 9/11 GI Bill when he inadvertently 
enrolled in the MGIB. 

 

In support of his appeal, the applicant provides copies of two DD 
Forms 2366, Montgomery GI Bill Act of 1984 (MGIB) Basic 
Enrollment. 

 

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

 

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STATEMENT OF FACTS: 

 

The applicant is currently serving in the Regular Air Force in 
the grade of captain (O-3). On 6 July 2010, the applicant signed 
a DD Form 2366 enrolling in the MGIB. On 31 August 2010, he 
submitted a DD Form 2366 indicating he did not desire to 
participate in the MGIB. 

 

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AIR FORCE EVALUATION: 

 

AFPC/DPSIT recommends denial. DPSIT states the All-Volunteer 
Force Educational Assistance Program, referred to as the MGIB, 
provides benefits for a variety of educational and training 
programs. Title 38, United States Code, Chapter 30 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 in 
the program. The applicant was initially enrolled on 6 July 2010 
by signing a DD Form 2366. The DD Form 2366, Part 3(2) states 
“This basic pay reduction cannot be refunded, suspended, or 
stopped – this is an irrevocable decision.” The applicant 


subsequently attempted to request disenrollment by signing 
another DD Form 2366 on 31 August 2010 indicating he did not 
desire to participate in the MGIB; however, it has no effect on 
his enrollment in the MGIB. 

 

DPSIT indicates that the applicant’s enrollment in the MGIB has 
no impact on his eligibility for the Post 9/11 GI Bill. 

 

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 22 July 2011 for review and comment within 30 days. As of 
this date, this office has received no response. 

 

The applicant’s complete rebuttal is at Exhibit E. 

 

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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 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 their 
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 AFBCMR Docket 
Number BC-2010-03407 in Executive Session on 8 September 2011, 
under the provisions of AFI 36-2603: 

 
The following documentary evidence was considered in connection 
with AFBCMR Docket Number BC-2010-03407: 

 

 Exhibit A. DD Form 149, dated 8 Sep 10, w/atch. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSIT, dated 28 Jun 11. 

 Exhibit D. Letter, SAF/MRBR, dated 22 Jul 11.