RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-04270

   					COUNSEL:  NONE

					HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

He be reimbursed the $1200 which was deducted from his pay for Montgomery GI Bill (MGIB) benefits. 


APPLICANT CONTENDS THAT:

He was never briefed he had an option to opt out of the program. If he had been briefed, he would have declined.  

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


STATEMENT OF FACTS:

The applicant serves in the Air Force Reserve in the grade of Senior Airman.

Under Special Order AA-0333, dated 29 May 13, he entered extended active duty on 27 Jun 13.

According to the documentation submitted by the applicant, on 24 Feb 14, he completed and signed a DD Form 2366, attempting to decline enrollment in the MGIB.  

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.    


AIR FORCE EVALUATION:

ARPC/DPTT recommends denial indicating there is no evidence of an error or an injustice.  AFMAN 65-116, Volume 2, Defense Joint Military Pay System (DJMS) Unit Procedures Excluding FSO, states “MGIB.  To be eligible for MGIB members must have first entered active duty on or after 1 Jul 85.  During the first 14 days of active duty they make an election on DD Form 2366 to either participate in the program or decline the program.  The decision is irrevocable and the contribution is non-refundable…”  

A review of the applicant’s record reveals that on 24 Apr 13 he was informed via e-mail of the automatic enrollment into the MGIB.  The e-mail stated “You ‘MUST’ in-process with your servicing Education Officer NLT 14 Duty Days after RNLTD with the following pdf document.  This is a pay impacting action IAW the pdf and MGIB law.”  The member acknowledged receipt of the e-mail on 24 Apr 13 when he accepted the assignment.  There is no error or injustice in this case.  The member will receive his $1200 back once he exhausts all of his Chapter 33, Post-9/11 GI Bill benefits.  

A complete copy of the ARPC/DPTT 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 17 Mar 15 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 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; however, we agree with the opinion and recommendation of ARPC/DPTT and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.


THE BOARD DETERMINES 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-2014-04270 in Executive Session on 14 Jul 15 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 22 Sep 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPTT, dated 6 Mar 15.
	Exhibit D.  Letter, SAF/MRBR, dated 17 Mar 15.