RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2018-00456

XXXXXXXXXX	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

He is eligible for the MGIB Buy-Up Program (GI Bill Kicker) for his buy-in as a basic trainee service member.  He had his pay deducted accordingly, however he never received the GI Bill Kicker pay during his time in college and he is requesting back pay. 

APPLICANT CONTENDS THAT:

He audited his pay from Nov 02 and it reflects deductions for the GI Bill Kicker.  He eventually had GI Bill Post 9/11 benefits/pay.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 02 Sep 05, the applicant was furnished an honorable discharge as a former Air Force airman first class and was credited with 2 years, 9 months and 21 days of active 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 contends he paid $400.00 into the MGIB Buy-Up program, further stating he transferred to the Post-9/11 GI Bill.  In accordance with (IAW) AFI 36-2649, Voluntary Education Program, Attachment 13, A13.13., airmen who participate in the Buy-Up provision of MGIB will not receive the Buy-Up amount if they elect to use benefits under the Post-9/11 GI Bill.  There is no provision to allow for a refund of any Buy-Up contribution or to allow for increasing the amount allowed under the Post-9/11 GI Bill program through use of a Buy-Up.  Based on the documentation provided by the applicant and analysis of the facts, there is no evidence of an error or injustice on the part of the Air Force.  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 11 May 18 for comment (Exhibit D), but has received no response.

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 or 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.  Furthermore, the Board also notes the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  While the applicant asserts a date of discovery less than three years before the Board’s receipt of the application, the Board does not find the assertion reasonable.  The Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

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-2018-00456 in Executive Session on 19 Sep 18:

, Panel Chair 
, Panel Member
, Panel Member

The panel considered the following:

Exhibit A:	Application, DD Form 149, dated 25 Jan 18.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SA, dated 02 May 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 11 May 18.
Exhibit E: AFI 36-2649, Air Force Voluntary Education Program, Attachment 13, A13.13

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