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AF | BCMR | CY2000 | 0000301
Original file (0000301.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  00-00301

            COUNSEL:  NONE

            HEARING DESIRED:  NO



APPLICANT REQUESTS THAT:

1.    He be eligible for benefits under the Montgomery GI  Bill  Educational
Assistance Program.

2.    He be provided the name of the individual that  forged  his  signature
on the DD Form 2384, Selected Reserve  Educational  Assistance  Program  (GI
Bill) Notice of Basic Eligibility.


APPLICANT CONTENDS THAT:

He was not informed or briefed on the DD Form  2384  and  never  signed  the
form.  He is left-handed and the signature on the form is not his.

The applicant’s complete submission is attached at Exhibit A.


STATEMENT OF FACTS:

The relevant facts  pertaining  to  this  application,  extracted  from  the
applicant's military records, are contained in the letter  prepared  by  the
appropriate office of the Air Force.   Accordingly,  there  is  no  need  to
recite these facts in this Record of Proceedings.


AIR FORCE EVALUATION:

The Chief, Personnel Operations Branch, ANG/DPPU, reviewed  the  application
and states that in accordance with  ANGI  36-2607,  paragraph  5.1,  once  a
member signs a six-year commitment, he or she at that point have  ten  years
to use the  benefits  of  the  Montgomery  GI  Bill  Educational  Assistance
Program.  After ten  years,  the  eligibility  for  the  bill  automatically
expires.   Since  the  applicant   enlisted   on   4   December   1986,   he
benefits/eligibility for  the  Montgomery  GI  Bill  Educational  Assistance
Program  expired  on  3  December  1996.   Therefore,  they  recommend   the
application be denied.

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


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 21 April 2000, for review and response within 30 days.   However,  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 not timely filed; however, it is in  the  interest
of justice to excuse the failure to timely file.

3.    Insufficient relevant evidence has been presented to  demonstrate  the
existence of probable error or injustice.  In this respect, we note that  in
accordance with ANGI 36-2607, paragraph 5.1, the applicant signed  his  six-
year commitment, he had ten years to use the benefits of the  Montgomery  GI
Bill Educational Assistance Program.  We find no evidence that  during  this
period the applicant ever questioned the  validity  of  the  DD  Form  2384,
Selected Reserve Educational Assistance Program (GI Bill)  Notice  of  Basic
Eligibility.  The applicant has waited over 13 years  after  he  signed  the
contested document and has not provided any explanation for  doing  so.   In
addition, there is no evidence that he ever  attempted  to  obtain  benefits
during the contested period.  Therefore, in the absence of evidence  to  the
contrary, we find no basis upon which to recommend  favorable  consideration
of this request.


THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable material error or injustice; that the  application
was denied without a personal appearance;  and  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 this application in  Executive
Session on 28 June 2000, under the provisions of AFI 36-2603:

                  Mr. Richard A. Peterson, Panel Chair
                  Mr. Laurence M. Groner, III, Member
                  Ms. Olga M. Crerar, Member

The following documentary evidence was considered:

      Exhibit A.  DD Form 149, dated 3 Feb 00, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, ANG/DPPU, dated 29 Mar 00.
      Exhibit D.  Letter, SAF/MIBR dated 21 Apr 00.




             RICHARD A. PETERSON
                                  Panel Chair

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