RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04752

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

He receive a refund of the $1200 he paid into the Montgomery GI Bill (MGIB) program.  

APPLICANT CONTENDS THAT:

He has recently switched over to the Post-9/11 GI Bill and will not be using the MGIB.  

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 15 Nov 11.

On 19 Oct 15, according to documents submitted by the applicant, the Department of Veterans Affairs (DVA), Muskogee Regional office, provided a Certificate of Eligibility, certifying his entitlement to Post-9/11 GI Bill benefits.  

On 14 Nov 15, the applicant was furnished an honorable discharge, and was credited with four years of active service.   

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.    

AIR FORCE EVALUATION:

AFPC/DP3SA recommends denial indicating there is no evidence of an error or an injustice.  In accordance with (IAW) AFI 36-2649_AFGM 2015-01, Voluntary Education Program, Attachment 13, A13.12.3, Airmen must exhaust their total entitlement under the Post-9/11 GI Bill to receive a MGIB refund.  The refund will be added to the monthly housing allowance paid in the last month of eligibility.  To grant relief would be contrary to the criteria established by the AF guidance in effect at that time.  

A complete copy of the AFPC/DP3SA 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 12 Apr 16 for review and comment within 30 days (Exhibit D).  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 opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  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 members of the Board considered AFBCMR Docket Number BC-2015-04752 in Executive Session on 15 Dec 16 under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-04752 was considered:

	Exhibit A.  DD Form 149, dated 4 Nov 15, w/atch.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SA, dated 3 Mar 16.
	Exhibit D.  Letter, SAF/MRBR, dated 12 Apr 16.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.