RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-01770 

						COUNSEL:  NONE

HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

The applicant requests his records be changed to show he paid into the Montgomery GI Bill (MGIB).

APPLICANT CONTENDS THAT:

He paid into the MGIB and provides a Leave and Earnings Statement as proof of payment.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 19 Apr 00.

On 18 Apr 04, the applicant was furnished an honorable discharge, and was credited with four years of active duty service.

For more information, see the memorandum prepared by the Air Force office of primary responsibility (OPR) at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP3SA recommends denial, indicating there is no evidence of an error or an injustice.  Records show the member enrolled in the MGIB on 1 May 00 and paid $1,200 into the program. However, his benefit has expired.  38 U.S.C, Section 3031(a) and DD Form 2366, Montgomery GI Bill Act of 1984 (the latter signed by the member on 1 May 00) both state members must use MGIB benefits within 10 years of an Honorable release from active duty.  However, member may convert to the Post-9/11 GI Bill and is eligible for 90% of the maximum benefit payable until 18 Apr 19.

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 13 Dec 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 not 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.  We agree with the opinion and recommendation of the Air Force OPR and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Furthermore, there is nothing to correct within the applicant’s record, which already shows he paid into the MGIB and therefore was eligible for the MGIB for ten years after service.  We note the OPR’s statement that the applicant may seek to convert his MGIB benefits to the Post 9/11 GI Bill within the purview of the Department of Veterans Affairs.  In sum, we find no basis to recommend granting the requested relief.

THE BOARD RECOMMENDS 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-2016-01770 in Executive Session on 28 Sep 17 under the provisions of AFI 36-2603, Air Force Board for Correction of Military Records:

Panel Chair
Member
Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-01770 was considered:

	Exhibit A.  DD Form 149, dated 24 Apr 16, w/atch.
	Exhibit B.  Applicant’s Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SA, dated 02 Aug 16.
	Exhibit D.  Letter, AFBCMR, dated 13 Dec 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 BC-2016-01770.