RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2022-00309

XXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: YES

APPLICANT’S REQUEST

Enrollment in the Montgomery GI Bill (MGIB) Increased Contribution Program.

APPLICANT’S CONTENTIONS

He obtained and processed DD Form 2366-1, Montgomery GI Bill Act of 1984 (MGIB), Increased Benefit Contribution Program, in March 2018.  He was informed that his application was complete and he was “good to go.”  He was never informed that further steps were required to complete DD Form 2366-1.  Had he been informed, all steps would have immediately been accomplished.  He further states he would like to pay the maximum contribution to obtain his benefits.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force captain (O-3).

On 22 March 2018, the applicant signed DD Form 2366, Montgomery GI Bill Act of 1984 (MGIB) Basic Enrollment.

On 22 March 2018, the applicant signed DD Form 2366-1, MGIB Increased Benefit Contribution Program, which was provided by the applicant.

On 30 June 2021, DD Form 214, Certificate of Release or Discharge from Active Duty, reflects the applicant received an honorable character of service.  He served 5 years and 1 month total active service.  His narrative reason for separation reflects Completion of Required 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.  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 member did not contribute to the increased contribution program while on active duty.  The Defense Manpower Data Center (DMDC) records show the applicant was enrolled into the MGIB program and his pay was reduced by the required $1,200.00 contributions.  Furthermore, the DMDC records does not show the applicant contributed to the increased contribution program.  In accordance with (IAW) 38 U.S.C. Chapter 30, §3011, any individual eligible for educational assistance under this section may contribute amounts for purposes of receiving an increased amount of basic educational assistance.  Additionally, IAW section 3011, an individual may make the contributions authorized at any time while on active duty.  The applicant separated effective 30 June 2021 and did not complete the steps to start/complete the required payroll deductions prior to separating from service. 

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 25 March 2022 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP3SA and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2022-00309 in Executive Session on 14 June 2022:

, Panel Chair
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 29 January 2022.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SA, w/atch, dated 17 March 2022.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 25 March 2022.

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