UNITED STATES AIR FORCE
BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04421

COUNSEL: NONE

HEARING: YES

APPLICANT REQUESTS THAT:

Her $1,200.00 contribution paid toward the Montgomery GI Bill (MGIB) be refunded.

APPLICANT CONTENDS THAT:

She exhausted her Post-9/11 GI Bill benefits after she separated and was informed she was not eligible to use her MGIB benefits due to her not completing the required period of service. The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant was discharged from the Air Force as an airman first class. The applicant’s Total Active Federal Military Service Date is 16 Sep 03. According to the applicant’s DD Form 2366, Montgomery GI Bill Act of 1984 (MGIB) Basic Enrollment, dated 24 Sep 03, she elected to participate in the MGIB program. On 16 Oct 05, the applicant separated from service, narrative reason pregnancy or childbirth. She was credited with two years, one month and one day of honorable service. For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP3SA recommends denying the application. The applicant exhausted her Post-9/11 GI Bill entitlement; however, she failed to serve a minimum of three years on active duty. Department of Defense Directive (DoDD) 1322.16, paragraph 5.3.2., states, “[e]nrolled service members...who fail to qualify for the benefit may not recover the amount previously reduced from their pay.” To be eligible for the MGIB, the member would have had to serve at least three of her obligated four years of continuous active duty, as required by Section 3011(a)(1)(A)(i) of Title 38, United States Code. Therefore, the applicant is ineligible for both the MGIB and the refund of $1,200.00. The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 4 Oct 17 for comment (Exhibit D), but has received no response.

FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974

THE BOARD CONCLUDES THAT:

1.	The application was not timely filed.

2.	The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.	After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error and injustice. The Board concurs with the rationale and recommendation of AFPC/DP3SA and finds that a preponderance of the evidence does not substantiate the applicant’s contentions. The applicant failed to serve a minimum of three years on active duty. Failure to do so rendered her ineligible for the MGIB and subsequently ineligible for a refund of the $1,200 pay reduction.  Therefore, the Board recommends against correcting the applicant’s records.

4.	The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to the Board’s understanding of the issues involved.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

The application was adjudicated without a personal appearance.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2016-04421 in Executive Session on 1 May 18:

, Panel Chair
, Panel Member
, Panel Member
All members voted not to correct the record. The panel considered the following: Exhibit A:	Application, DD Form 149, w/atchs, dated 4 Nov 16.
Exhibit B:	Documentary evidence, including excerpts from official records. Exhibit C:	Advisory opinion, AFPC/DP3SA, dated 18 Sep 17.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 4 Oct 17.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.