RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00874 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to allow him to participate in the Montgomery GI Bill (MGIB) Increased Benefit Contribution Program. _________________________________________________________________ APPLICANT CONTENDS THAT: During his out-processing, he requested a $600.00 deduction (reflected on his attached finance worksheet – AF Form 3500, Separation Pay Worksheet) be deducted from his final pay to go towards the MGIB Increased Benefit Contribution Program (also known as MGIB Bill buy-up or kicker program). The payment was never made by his servicing finance office which has prevented him from receiving his full educational benefits, resulting in $5,000.00 to $6,000.00 in lost educational tuition payments. He completed the DD Form 2366-1, Montgomery GI Bill Act of 1985 - Increased Benefit Contribution Program, which supports his intent and desire to pay the $600.00 in order to receive the educational benefits. However, his final Leave and Earnings Statement (LES) 1-30 Sep 07, does not reflect the $600.00 deduction. He should be allowed to make a back-dated payment of $600.00. In support of his request, the applicant provides copies of a letter addressed to the Defense Finance and Accounting Services (DFAS) Claims Service, his LES, AF Form 350, Finance Out- Processing Worksheet, DD Form 2366-1, and email correspondence. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force at Exhibit B. Accordingly, there is no need to recite these facts in this Record of Proceedings. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIT recommends denial. DPSIT states although the applicant may have been capable of paying the $600.00, there was no money ever collected from finance, which was confirmed in a pay history review by DFAS. The fact the education center completed the DD Form 2366-1, does not confirm enrollment in the MGIB buy-up program. The applicant had to take the form to the finance office and actually make the contribution. The finance office would confirm the contribution by providing the applicant with a DD Form 1131, Cash Collection Voucher, and/or annotating the DD Form 1131. This in turn would drive a Joint Uniform Military Pay (JUMPS) transaction to DFAS. The complete DPSIT evaluation is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 15 Jul 11, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days. To date, a response has not been received (Exhibit C). _________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 3. Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice that would warrant relief in this case. The applicant contends since he completed the paperwork requesting the $600.00 deduction prior to being released from active duty that he should receive his full education benefits. We note the law states that a member must make the election and pay the associated costs while serving on active duty. However, based on the evidence provided, we believe the applicant thought he completed all the necessary requirements for this program and we find no basis to question the applicant's account in this matter and do not find it reasonable that he would have knowingly elected not to pursue use of this important entitlement. Therefore, we elect to resolve any doubt in this matter in behalf of the applicant and recommend the records be corrected as indicated below. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that contingent upon his payment of the required minimum contribution, that on 27 May 2007, he elected to participate in the Montgomery GI Bill Increased Benefit Contribution Program. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-00874 in Executive Session on 22 Sep 11, under the provisions of AFI 36-2603: Panel Chair Member Member All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 3 Mar 11, w/atchs. Exhibit B. Letter, AFPC/DPSIT, dated 28 Jun 11. Exhibit C. Letter, SAF/MRBR, dated 15 Jul 11. Panel Chair