RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER: BC-2014-00440
 						COUNSEL:  NONE
     	 					HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His AF Form 3008, Supplement to Enlistment Agreement, be void and 
removed from his records.  

________________________________________________________________ 

APPLICANT CONTENDS THAT:

He was guaranteed benefits by his recruiter and at Basic Military 
Training (BMT) that cannot be delivered with a four year term 
enlistment.  He was provided false information.

It was explained that the AF Form 3008 was completely 
supplemental and had no effect on the Montgomery GI Bill (MGIB) 
eligibility.  He signed the AF Form 3008 with the intent of 
receiving the MGIB after his four year enlistment.  Since that 
scenario is not feasible, he asks that the AF Form 3008 be 
declared void and removed from his records.  He plans to attend 
law school using the MGIB.

No payments have been made for the Enlisted College Loan 
Repayment Program (ECLRP).

In support of his request, the applicant provides a copy of his 
AF Form 3008 and a personal statement.

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

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STATEMENT OF FACTS:

On 10 Jul 12, the applicant enlisted in the Regular Air Force.

?
According to an AF Form 3008 dated 10 Jul 12, the applicant 
acknowledged and signed that he understood he would have to 
qualify for and enter a second term of active duty or enlistment  
to complete the MGIB eligibility or he would automatically 
forfeit his MGIB contribution and eligibility.  

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AIR FORCE EVALUATION:  

AFPC/DPSIT recommends denial.  There was no proof of a government 
error in completing the AF Form 3008.  The applicant appears to 
not understand that he has to enter a second term of active duty 
or another enlistment to qualify for the MGIB.  The applicant 
signed AF Form 3008 which states, “I further understand that 
while at Basic Military Training, I will automatically be 
enrolled in the MGIB and will make a $100.00 monthly contribution 
for 12 consecutive months unless I choose to be disenrolled.  I 
also understand I must qualify for and enter a second term of 
active duty or enlistment (does not need to be a consecutive 
term) to complete MGIB eligibility or I will forfeit my MGIB 
contribution and eligibility.”  The applicant contributed 
$1,200.00 for the MGIB.  

The applicant never submitted the applicable documentation to 
DPSIT to initiate ECLRP.  Consequently, no payments were ever 
made to his lender(s) via the program and there is no adverse 
impact on his education benefits.  The applicant can use the MGIB 
within the established guidelines.  He can show the attached 
letter to the applicable Department of Veterans Affairs (DVA) 
regional office if necessary to verify his non-participation in 
the ECLRP.

The complete DPSIT evaluation, with attachment, is at Exhibit B.

_______________________________________________________________ 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 27 Jun 14, a copy of the Air Force evaluation was provided to 
the applicant for review and comment within 30 days (Exhibit C).  
As of this date, this office has not received a response.

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing 
law or regulations.

2.  The application timely filed.

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 the 
rationale expressed as the basis for our conclusion that 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 
that 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 Docket Number BC-
2014-00440 in Executive Session on 12 Nov 14, under the 
provisions of AFI 36-2603:

 , Panel Chair
  , Member
  , Member

The following pertinent documentary evidence was considered: 

    Exhibit A.  DD Form 149, dated 28 Jan 14, w/atchs.
    Exhibit B.  Memorandum, AFPC/DPSIT, dated 16 Jun 14, w/atch.
    Exhibit C.  Letter, SAF/MRBR, dated 27 Jun 14.