THE RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-04812
		
						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His DD Form 2366, Montgomery GI Bill Act of 1984 (MGIB) Basic Enrollment, signed 25 Aug 15, declining to participate in the MGIB program be voided and he be enrolled in the MGIB.  

APPLICANT CONTENDS THAT:

He was incorrectly counseled regarding his MGIB eligibility by an education counselor at Columbus AFB.  He was erroneously informed that if he enrolled in the MGIB he would later become ineligible for the Post-9/11 GI Bill.  He attempted to gather the correct information from the Department of Veterans’ Administration (DVA) within a limited 10-day window to accept or decline the MGIB, but was unsuccessful.  Subsequently, via email exchanges with Air Education Training Command (AETC) Chief, Education Services and Benefit Programs, he was informed that the MGIB information given by his education counselor was outdated and incorrect.   

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

STATEMENT OF FACTS:

During the matter in question, the applicant was serving in the Regular Air Force in the grade of Captain (O-3).  

The remaining relevant facts pertaining to this application are described in the memoranda prepared by the Air Force office of primary responsibility (OPR), which are included at Exhibits C and F.

AIR FORCE EVALUATION:

AFPC/DP3SA recommended denial indicating there is no evidence of an error or an injustice.  The applicant was properly counseled by education office personnel.  In accordance with (IAW) Public Law 111-377, Section 111, a member can only enroll in one educational assistance program per period of service.  Commissioned officers only have one period of service with an indefinite date of separation.  Additionally, the applicant signed a statement of disenrollment on his DD Form 2366.  The statement reads, “I DO NOT desire to participate in MGIB.  I understand the benefits of the MGIB program and that I WILL NOT be able to enroll at a later date.”
 
A complete copy of the 3 Mar 16 AFPC/DP3SA evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He was advised that if he made himself eligible for the MGIB by signing the DD Form 2366, this would make him ineligible for the Post-9/11 GI Bill, which is incorrect.  On the DD Form 149, he used the term "enroll" to describe his situation, which refers to the VA Form 22-1990, a different process entirely.  He did not intend to dispute the advice regarding the enrollment (VA Form 22-1990) process.  His contention remains that he was improperly advised regarding eligibility before signing the DD Form 2366, which is substantiated by the emails attached to his DD Form 149.  Specifically, he was told that if he accepted eligibility for the MGIB via the DD Form 2366, he would not be able to switch eligibility to the Post-9/11 GI Bill.  The VA Form 22-1990, which is an enrollment form, was not intended to be the subject of his claim. 

On 9 May 16, he spoke with the AF OPR regarding the above and informed her that the letter which she sent to the AFBCMR did not address his intended dispute.  She stated that had she known the information which he included in this rebuttal, her recommendation may have been different.  She agreed over the phone for him to include the fact that they had spoken in this letter.  She also agreed that he could write in this letter that if she had the above information, she may have recommended a different course of action.

A complete copy of the applicant’s rebuttal is at Exhibit E.

ADDITIONAL AIR FORCE EVALUATION:

AFPC/DP3SA now recommends granting the applicant’s request, indicating there is evidence of an error or injustice.  In the applicant’s rebuttal, he contends he was improperly counseled.  Based on the evidence provided by the applicant, they determined he was improperly counseled on the MGIB, and therefore declined enrollment via the DD Form 2366.  They recommend approving the requested relief by correcting the applicant’s record to show he enrolled in MGIB on 25 Aug 15, via the DD Form 2366. 

A complete copy of the AFPC/DP3SA evaluation is at Exhibit F.

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A copy of the additional Air Force evaluation was forwarded to the applicant on 5 Oct 16 for review and comment within 30 days (Exhibit G).  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.  Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  Having carefully reviewed this application, we agree with the final recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our decision the applicant has been the victim of either an error or an injustice.  Therefore, we recommend the applicant's records be corrected as set forth below.

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that on 25 August 2015, he enrolled in the Montgomery GI Bill (MGIB) program via DD Form 2366, Montgomery GI Bill Act of 1984 (MGIB) Basic Enrollment.

The following members of the Board considered AFBCMR Docket Number BC-2015-04812 in Executive Session on 15 Nov 2016, under the provisions of AFI 36-2603:

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-04812 was considered:

	Exhibit A.  DD Form 149, dated 8 Nov 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SA, dated 3 Mar 16.
	Exhibit D.  Letter, SAF/MRBR, dated 2 May 16.
	Exhibit E.  Letter, Applicant, dated 10 May 16
	Exhibit F.  Memorandum, AFPC/DP3SA, dated 27 Sep 16.
	Exhibit G.  Letter, SAF/MRBR, dated 5 Oct 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.