RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  99-00004

                 COUNSEL:  NONE

                 HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect that his term of service on active
duty was for two years rather than for four years.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He committed to serve four years based on  the  erroneous  information
presented to him prior to commencing his service  in  the  U.  S.  Air
Force Reserve.  Applicant contends that  when  he  signed  up  he  was
informed that he would receive certain bonus pay ($2000 for two  years
and $8000 for four years).  Three  months  after  his  commission,  he
discovered that he was not receiving the  above  mentioned  bonus  and
found that it was because he was  not  eligible  because  he  did  not
complete his  residency  training.   Therefore,  he  requested  to  be
released  from  his  service  commitment  based   on   the   erroneous
information that he received prior to his commission.

In support of his appeal, applicant submits a copy of AETC Form  1431,
“Medical Service Grade and Pay Computation Worksheet,”  a  copy  of  a
letter, dated 21 August 1997, from the U. S. Air Force Vice  Chief  of
Staff stating that there is no relief available from USC Title 37  and
that the applicant has support for an early release from the U. S. Air
Force Reserve.  He also attaches a letter, dated 6 August  1997,  from
the U. S. Air Force Surgeon General who supports separation  prior  to
the established date of separation (DOS).

Applicant’s submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was appointed a captain, Medical Corps, in  the  Reserve  of
the Air Force on 22 July 1996.  He was ordered to extended active duty
effective 26 August 1996 for a period of 48 months.

On 27 August 1996, applicant signed DD  Form  2366,  Montgomery  G. I.
Bill Act of 1984 (MGIB),  in  Item  4.,  Statement  of  Disenrollment,
indicating that he did not desire to participate in the  MGIB.   There
is no  signature  in  Item  2,  c.(a),  which  is  the  “Statement  of
Understanding.”  The Defense  Finance  and  Accounting  Service-Denver
Center (DFAS-DE) advises that a total of $1200.00  was  deducted  from
applicant’s pay for the MGIB -  $100.00  monthly  from  November  1996
through October 1997.

At the  time  applicant  entered  active  duty,  his  AETC  Form  1431
reflected that his estimated initial  extended  active  duty  pay  and
allowances included an annual Incentive Special Pay of  $7,000.00  and
an annual Multi-Year Special  Pay  of  $8,000.00.   Available  records
reflect that applicant notified the Air Force Surgeon General  (AF/SG)
requesting both pays to make him “equal with  his  colleagues.”   Both
the Air Force Vice Chief of Staff and the Surgeon General responded to
applicant informing him that the law restricts payment, however,  they
would support early separation if the applicant  desired  it.   On  18
December 1997, applicant applied for early release  from  active  duty
and a U. S. Air Force Reserve commission as reflected by  an  AF  Form
780, “Officer Separation Actions,” which was  approved  on  7  January
1998 for separation to be effective 1 August 1998.

On 1 August 1998, applicant was honorably released  from  active  duty
and transferred to the U. S. Air Force Reserve under the provisions of
AFI 36-3207 (Miscellaneous For General Reasons).  He served 1 Year, 11
months and 6 days of active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

The Chief,  Physician  Utilization  Branch,  Medical  Service  Officer
Management Division, HQ AFPC/DPAMF2, states that individuals  entering
active duty through the Recruiting Service  have  the  opportunity  to
choose a three or four-year  tour  in  accordance  with  AFI  36-2008,
Voluntary Extended Active Duty for Air Reserve Commissioned  Officers.
Two-year  options  are  available  to  individuals  in  the  Financial
Assistance Program (FAP), Redeferred, or exception  to  policy  cases.
Applicant did not fit into any of the situations for a  two-year  term
of service.  However, applicant would probably have chosen an  initial
term of three years instead  of  four  if  he  had  not  received  the
erroneous pay estimate.  Based on law, the Air Force  Surgeon  General
(AF/SG) was unable to authorize payment.  [The AF/SG  stated  that  he
will offer his support to the Secretary of the Air  Force  should  the
applicant wish to separate prior to his established date of separation
(DOS), per AFI 36-3207.  “However, if you decide to remain  on  active
duty, you  are  expected  to  fulfill  your  obligation  through  your
established DOS, specifically 25  August  2000.”]   Applicant’s  early
release did not change or negate his service  contract;  it  waived  a
portion of the active duty commitment.  His service records  correctly
reflect a four-year term of service.  Service records  should  not  be
altered to allow or change an individual’s  eligibility  for  Veterans
Administration (VA) benefits.  Recommend  the  applicant’s  appeal  be
disapproved.

A copy of the Air Force evaluation is attached at Exhibit C.

The Education and Training Division, AF/DPDE, advises that Public  Law
98-225, the MGIB enabling legislation, requires individuals  honorably
discharged, on a four year enlistment to complete 36 months of service
to be eligible for the MGIB.  If a service member participates in  the
program  and  separates  early,  the  separation  must  be   for   the
convenience of the government and 30 months of  service  is  required.
Only in cases of hardship, disability,  medical  reasons,  or  when  a
member is entitled to the benefits  under  the  Transition  Assistance
Management Program, would the Department of Veterans Affairs authorize
benefits.  Since  applicant  did  not  separate  under  any  of  these
conditions, he is not eligible to receive the MGIB.  All monies revert
to the United States Treasury.

A copy of the AF/DPDE letter is attached at Exhibit D.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
10 May 1999 for review and response.  Applicant submitted  a  response
and states that when he entered active  duty  through  the  Recruiting
Service, he was offered two, three or four-year tours.  The Air  Force
evaluation stated that he (applicant) would have  probably  chosen  an
initial term of three years instead of four if he had not received the
erroneous pay estimate.  Applicant states that he would have chosen  a
two-year tour of duty.  Applicant states that his service contract was
invalid since it was based  on  errors  committed  by  the  Air  Force
Recruiting Service.

A copy of the applicant’s response, with attachments, is  attached  at
Exhibit F.

_________________________________________________________________

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  probable  error  or  injustice.   After  thoroughly
reviewing  the  evidence  of  record,  we  are  not   persuaded   that
applicant’s term of service should be changed  to  reflect  two  years
vice four years.  As indicated by the Air  Force,  applicant  was  not
eligible to enter active duty for a period of  two  years  since  this
term  of  service  is  reserved  for  Financial   Assistance   Program
individuals, redeferred  individuals,  or  as  exceptions  to  policy.
Clearly, applicant did not fit into any of these categories.  The only
options available were either a three-year  or  four-year  commitment.
While it is unfortunate that he was advised that, as a  physician,  he
would receive Incentive Special Pay and Multi-Year Special Pay, it  is
equally clear that, by law, he  was  not  eligible  to  receive  these
special pays because he had not completed initial residency  training.
Understandably,  applicant  entered  the  Air  Force  in  good   faith
believing he would  serve  for  four  years  and  in  return,  receive
additional compensation  as  a  physician.   Undoubtedly  he  will  be
disappointed with the decision of the Board; however, when the mistake
was discovered, he requested and received approval for a release  from
active duty prior to  his  established  date  of  separation,  thereby
waiving a portion of his active duty service  commitment.   Therefore,
although the Recruiting Service’s estimate  of  what  applicant’s  pay
would be was incorrect, the fact remains that applicant  did  in  fact
receive all the pays and allowances to which he was entitled  by  law,
and when the Air Force was apprised of the error, he  was  allowed  to
separate early in order to pursue his education.  Therefore,  in  view
of the foregoing, we find no compelling basis  to  recommend  granting
the relief sought in this application.

4.    Notwithstanding the  above  findings,  we  note  that  applicant
signed DD Form 2366 declining participation in the MGIB  on  27 August
1996; however, a total of $1200.00 was deducted from his pay  for  the
MGIB.  Since applicant neither served on active duty for  the  minimum
required time nor was released from active for any of  the  qualifying
reasons to be eligible for this benefit, he will be unable to  utilize
the MGIB.  Therefore, this money should be refunded to him and this we
so recommend as indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that on 27 August 1996, he
declined participation in the Montgomery G. I. Bill Act of 1984.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 16 December 1999, under the provisions of AFI 36-
2603:

                 Ms. Martha Maust, Panel Chair
                 Ms. Rita Maldonado, Member
                 Ms. Nancy Drury, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 19 Dec 99, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPAMF2, dated 8 Mar 99.
      Exhibit D. Letter, AF/DPDE, dated 9 Apr 99.
      Exhibit E. Letter, AFBCMR, dated 10 May 99.
      Exhibit F  Applicant's response, dated 30 May 99.





      MARTHA MAUST
      Panel Chair

     DEPARTMENT OF THE AIR FORCE HEADQUARTERS AIR FORCE PERSONNEL CENTER
                        RANDOLPH AIR FORCE BASE TEXAS
8 March 1999
MEMORANDUM FOR HQ AFPC/DPAMP
      AFBCMR
FROM: HQ AFPC/ DPAMF2
       550 C Street West, Suite 27 Randolph AFB TX 78150-4729
SUBJECT: Application for Correction of Military Records -APPLICANT
      Requested Action: APPLICANT requests records ". ..show  that  my  term
was two instead of four years."
      Basis for Request: Member states "I  committed  to  serve  four  years
based on the erroneous information presented to me prior  to  commencing  my
service at the USAF ."
           Background: APPLICANT voluntarily entered Extended  Active  Duty
(EAD) on 26 Aug 96 for a period of 4 years. He  states  in  his  application
that his ". ..intention was to join for
2 years but I changed it to 4 years based on the erroneous information  that
I received regarding
bonus pay." At the time APPLICANT entered active duty his  AETC  Form  1431,
Medical Service
Grade and Pay Computation Worksheet (Estimated), erroneously reflects
entitlement to receive Incentive Special Pay and Multi-Year Special Pay.
APPLICANT notified AF/SG (atch 1) requesting both pays to make him "equal
with my colleagues." The AF/CV (atch 2) and AF/SG (atch 3) both responded
to APPLICANT informing him law restricts payment, however, they would
support early separation, if he desired it APPLICANT must have indicated he
wanted to separate by the AF/CC, 20 Oct 97, letter (atch 4) echoing support
for member's separation and application instructions. APPLICANT applied for
early release from active duty and an USAF Reserve commission on the AF
Form 780, Officer Separation Actions, and his 6 Jan 981etter (atch 5).
APPLICANT was approved for separation effective 1 Aug 98.
      ~: Individuals entering active duty through Recruiting  Service  have
the opportunity to choose a three or four year tours in accordance with  AFI
36-2008,  Voluntary  Extended  Active  Duty  for  Air  Reserve  Commissioned
Officers, (atch 6). Two-year options are available  to  individuals  in  the
Financial Assistance Program (F AP),  Redeferred,  or  exception  to  policy
cases. APPLICANT did not fit into any of the situations for a two-year  term
of service. However, member would probably have chosen an  initial  term  of
three years instead of four  if  he  had  not  received  the  erroneous  pay
estimate. After APPLICANT discovered  his  pay  estimate  was  in  error  he
sought relief by elevating his request  for  payment  to  Headquarters,  Air
Force. Based on law the AF/SG was unable to authorize  payment  but  offered
member the  option  of  "...separate  prior  to  your  established  date  of
separation..." or "...fulfill your obligation through your established DOS,


P.C. THORNE, SMSGT, USAF
Superintendent, Medical Accessions
      and Personnel Programs
Medical Service Officer Management Division
1" Ind, HQ AFPC/DPAMP
10 Mar 1999
MEMORANDUM FOR AFBCMR
We support DPAMF2 recommendation.
ROBERT CLEMENT, Lt Col, USAF, MC Chief, Physician Utilization Branch
Medical Service Officer Management Division
cc: SAF/MIBR

specifically 25 Aug 2000. .." APPLICANT submitted an application for early
release which was approved, allowing him to separate after serving on
active duty one year, 11 months, and 6 days. Member states, "After serving
for 23 months, and 6 days I was denied my VA educational benefit (GI Bill)
because my term was 4 years and I did not compete 2 years of active duty
service. I would be eligible for this benefit only if my term was 2 years."
       Recommendation: Recommend disapproval. Member made application for
released from active duty and a USAFR commission (atch 5). APPLICANT’S
early release did not change or negate his service contract; it waived a
portion of the active duty commitment. APPLICANT’S service records
correctly reflect a four-year term of service. Service records should not
be altered to allow or change an individuals eligibility for VA benefits.
Please call me at DSN 487-6725 if you  have  questions  or  need  additional
information.
Attachments:
1. E-mail
2. AF/SG letter dtd 6 Aug 97 3. AF/CV letter dtd 21 Aug 97 4. AF/CC letter
dtd 20 Oct 97 5. AF Form 780 w/atch
6. AFI 36-2008, Table 2
AFBCMR 99-00004




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:

      The pertinent military records of  the  Department  of  the  Air
Force relating to, be corrected to show that on  27  August  1996,  he
declined participation in the Montgomery G. I. Bill Act of 1984.







      JOE G. LINEBERGER
      Director
      Air Force Review Boards Agency