RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-04866 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

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APPLICANT REQUESTS THAT: 

 

He be allowed to enroll in the Montgomery GI Bill (MGIB). 

 

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APPLICANT CONTENDS THAT: 

 

He was miscounseled. He was advised that he could not 
participate in the MGIB while participating in other federally 
funded or backed programs. This is the reason he opted out of 
the MGIB. 

 

In support of his request, the applicant provides a personal 
statement and copies of his DD Forms 214, Certificate of Release 
or Discharge from Active Duty. 

 

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

 

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STATEMENT OF FACTS: 

 

On 22 Jun 1992, the applicant enlisted in the Regular Air Force. 
He was honorably discharged on 8 Jun 1998. 

 

According to AFPC/DPSIT, 38 USC, Chapter 30, MGIB, provides 
benefits for a variety of education and training programs. The 
law stipulates all MGIB-eligible individuals are automatically 
enrolled in the MGIB upon entering active duty and are given a 
one-time opportunity for disenrollment should they desire not to 
participate in the program. Eligible applicants may disenroll 
after a detailed lecture on benefits. Disenrollment is 
accomplished by signing the statement of disenrollment on the DD 
Form 2366, Montgomery GI Bill Act of 1984 (MGIB) Basic 
Enrollment. The applicant's record reflects he disenrolled from 
the MGIB on 1 Jul 1992. 

 

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THE AIR FORCE EVALUATION: 

 

AFPC/DPSIT recommends denial. DPSIT states the applicant’s 
claim of discovering eligibility after declining the program is 
without merit. Approval of this request would be a violation of 
38 USC, Chapter 30, Section 3011, Basic Educational Assistance 
Entitlement for Service on Active duty. 

 

The complete DPSIT evaluation is at Exhibit B. 

 

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APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: 

 

On 12 Apr 2012, a copy of the Air Force evaluation was forwarded 
to the applicant for review and comment within 30 days. As of 
this date, no response has been received by this office (Exhibit 
C). 

 

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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. Insufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice. We took notice 
of the applicant's complete submission in judging the merits of 
the case; however, we agree with the opinion and recommendation 
of the Air Force office of primary responsibility and adopt its 
rationale as the basis for our conclusion the applicant has not 
been the victim of an error or injustice. Therefore, in the 
absence of evidence to the contrary, we find no basis to 
recommend granting the relief sought in this application. 

 

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THE BOARD DETERMINES THAT: 

 

The applicant be notified that the evidence presented did not 
demonstrate the existence of material error or injustice; that 
the application was denied without a personal appearance; and 
that the application will only be reconsidered upon the 
submission of newly discovered relevant evidence not considered 
with this application. 

 

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The following members of the Board considered this application 
in Executive Session on 15 Jan 2013, under the provisions of AFI 
36-2603: 

 

 

The following documentary evidence pertaining to Docket number 
BC-2011-04866 was considered: 

 

 Exhibit A. DD Form 149, dated 5 Jan 2012, w/atchs. 

 Exhibit B. Letter, AFPC/DPSIT, dated 2 Apr 2012. 

 Exhibit C. Letter, SAF/MRBR, dated 12 Apr 2012.