RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS. IN THE MATTER OF: DOCKET NUMBER: BC-2015-00581 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: The following corrections be made to his official military records: His DD Form 214, Certificate of Release or Discharge from Active Duty, be updated with the rank of airman first class/E-3, which he attained; Administratively corrected He receive a refund of money paid toward the Montgomery GI Bill (MGIB); and He receives payment of 19.5 days of unused leave. APPLICANT CONTENDS THAT: He was not paid for 19.5 days of accrued leave and approximately $700.00 he paid in to the MGIB before leaving the service. He also attained the rank of E-3, but his DD Form 214 reads ‘E1’ in block 1b, Pay Grade. The applicant’s complete submission is at Exhibit A. STATEMENT OF FACTS: On 11 Feb 14, the applicant entered the Regular Air Force. On 21 Feb 14, the applicant signed DD Form 2366, Montgomery GI Bill Act of 1984 (MGIB), Basic Enrollment, acknowledging the irrevocable decision for payroll deduction that could not be refunded, suspended or stopped unless he dis-enrolled from the MGIB program. On 2 Oct 14, the applicant received an honorable discharge and was credited with 7 months and 22 days of active service. According to the DD Form 214 in conjunction with his 2 Oct 14 separation, block 16, Days Accrued Leave Paid, reads 19.5. On 21 Jan 15, a DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge from Active Duty, correcting his rank from airman basic/E-1 to airman first class/E-3 was issued to the applicant. The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits C, D, and E. AIR FORCE EVALUATION: AFPC/DPSIT recommends denial indicating the member is not eligible for a refund under 28 USC 3011. He signed DD Form 2366, Montgomery GI Bill Act of 1984 (MGIB), Basic Enrollment, Section 3(2), which states: “Unless I disenroll from the MGIB, my basic pay will be reduced $100 per month, or the current monthly rate until $1,200 has been deducted; this basic pay reduction cannot be refunded, suspended or stopped, this is an irrevocable decision.” He acknowledged by signing DD Form 2366 on 21 Feb 14. A complete copy of the AFPC/DPSIT evaluation is at Exhibit C. AFPC/DPSIM recommends disapproval of the applicant’s request to be paid for 19.5 days of unused leave. He did not provide a Leave and Earnings Statement (LES) or any other documentation supporting he did not receive payment for the 19.5 days of leave. In addition, his DD Form 214 indicates he was paid for 19.5 days of leave upon separation. They also checked the applicant’s Master Military Pay Account (MMPA) and the applicant’s account states that he was paid in a lump sum for 19.5 days of leave. A complete copy of the AFPC/DPSIM evaluation is at Exhibit D. AFPC/DPSOR corrected the applicant’s rank/grade and issued a DD Form 215, dated 21 Jan 15. A complete copy of the AFPC/DPSOR evaluation is at Exhibit E. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 16 Dec 15 for review and comment within 30 days (Exhibit F). 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 an error or injustice. We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force OPRs and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. We note, AFPC/DPSOR has administratively corrected the applicant’s rank/grade and issued a DD Form 215. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-00581 was considered: Exhibit A. DD Form 149, dated 21 Jan 15. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSIT, dated 11 Mar 15. Exhibit D. Memorandum, AFPC/DPSIM, dated 20 Aug 15. Exhibit E. Memorandum, AFPC/DPSOR, dated 22 Sep 15. Exhibit F. Letter, SAF/MRBR, dated 16 Dec 15.