RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER:  BC-2015-05142  

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His DD Form 2366, Montgomery GI Bill (MGIB) Act of 1984 Basic Enrollment, signed 22 Nov 10, be corrected to reflect election to dis-enroll from MGIB and election to convert eligibility to Post-9/11 GI Bill, and his MGIB payroll deductions be reimbursed.  If reimbursement is not approved, request payroll deductions be stopped immediately.

APPLICANT CONTENDS THAT:

When completing the DD Form 2366 in Nov 10, he intended to decline the MGIB in favor of the Post-9/11 GI Bill as he had already completed both his undergraduate and graduate degrees.  He filled out the form incorrectly and did not discover the error until he saw a MGIB deduction on his Leave and Earnings Statement (LES) in Jun 15.

Additionally, the original DD Form 2366 was the Jun 02 version and was not processed until 2015, at which time the form edition was obsolete.  The 2013 version of the DD Form 2366 offers the member the option of converting to the Post-9/11 GI Bill before the entire $1200 MGIB deduction is taken.

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

STATEMENT OF FACTS:

The applicant is currently serving on active duty in the grade of O3 (Captain).

On 22 Nov 10, the applicant signed the DD Form 2366, electing enrollment in the MGIB. 

On 10 Jun 15, MGIB payroll deductions began.
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.  

DD Form 2366, Montgomery GI Bill Act of 1984 Basic Enrollment, Section 3, (2) states:  UNLESS I DISENROLL from the MGIB, my basic pay will be reduced by $100 per month, or the current monthly rate until $1200 has been deducted; this basic pay reduction CANNOT be REFUNDED, SUSPENDED OR STOPPED, this is an IRREVOCABLE DECISION.”

The member accepted enrollment for the MGIB on the DD Form 2366, signed 22 Nov 10.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant saw no clear indication much of his submitted information was either addressed or referenced; however, he is satisfied his initial submission for review provided a complete presentation of relevant evidence.

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

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, to include his rebuttal, 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.  While we took note of the inordinate delay in the processing of the MGIB transaction, granting the applicant’s request would result in an injustice to other similarly situated airmen.  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-2015-05142 in Executive Session on 23 May 17 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-05142 was considered:

	Exhibit A.  DD Form 149, dated 1 Dec 15, w/atchs.
	Exhibit B.  Excerpt from Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SA, dated 21 Mar 16.
	Exhibit D.  Letter, AFBCMR, dated 14 Jun 16.
	Exhibit E.  Email, Applicant Rebuttal, 12 Jul 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.