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AF | BCMR | CY2000 | 0001589
Original file (0001589.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  00-01589

      APPLICANT  COUNSEL:  NONE

      SSN   HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be allowed to enroll in the Montgomery GI Bill (MGIB).

_________________________________________________________________

APPLICANT CONTENDS THAT:

The reasons the applicant believes the  records  to  be  in  error  or
unjust and the evidence submitted in support  of  the  appeal  are  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The relevant facts pertaining to this application are contained in the
letters  prepared  by  the  appropriate  offices  of  the  Air  Force.
Accordingly, there is no need to recite these facts in this Record  of
Proceedings.

_________________________________________________________________

AIR FORCE EVALUATION:

The  Chief,  Force  Management  Branch,  HQ   AFROTC,   reviewed   the
application and recommended denial.  They researched  the  applicant’s
records and it is documented in his records that he was briefed  about
the MGIB on 21 Aug 98 (Exhibit B).

The Chief, Education Services Automation Section, HQ AFPC/DPPAT,  also
reviewed the application and concurs  with  the  rationale  of  AFROTC
advisory opinion.  They recommend the applicant’s  request  be  denied
(Exhibit C).

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed  the  advisory  opinions  and  states  he  now
realizes that when he signed the enlistment papers in Aug 98 that  it
covered  the  eligibility  requirements  for  MGIB.    However,   the
detachment commander wrote  in  a  letter  of  support  that  to  his
knowledge he was unaware of any briefings being given to address  the
issues of the MGIB.  The  applicant  also  states,  that  during  his
senior year at the University of Iowa  he  was  not  briefed  on  the
eligibility of the GI Bill and as a consequence no one in  his  class
turned down their scholarship in order to qualify for  the  GI  Bill.
He accepts full responsibility for  this  oversight  but  feels  that
there should have been  some  type  of  process  in  place  to  alert
officials that cadets were forfeiting their GI bill eligibility.  The
applicant states he will gladly return his last semester’s tuition to
help resolve this situation.

Applicant’s complete response is attached at Exhibit E.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies  provided  by  existing
law or regulations.

2.    The application was timely filed.

3.    Sufficient relevant evidence has been presented  to  demonstrate
the existence  of  probable  error  or  injustice.   After  thoroughly
reviewing the documentation submitted with this appeal, to include the
letter from the commander of the AFROTC Detachment, we  are  persuaded
that the applicant did not receive the  MGIB  briefing  prior  to  his
Spring 2000 semester.  The commander of the AFROTC Detachment,  states
that, to his knowledge, this briefing was not given to the cadets  due
to the reassignment of the individual  responsible  for  briefing  the
cadets.  The applicant states that he apparently signed his enlistment
papers covering the eligibility requirements of the MGIB, however,  he
was  not  briefed  during  his  senior  year  that  by  accepting  the
scholarship he would be forfeiting his opportunity to  participate  in
the MGIB.  It is understandable that he may have forgotten  about  the
eligibility criteria he acknowledged in 1998.  Clearly, based on  what
in-state tuition would have cost him, if he had been properly  briefed
prior to his last semester, he would  have  undoubtedly  declined  his
scholarship, in return for maintaining his MGIB eligibility.  We  note
his willingness to repay his last semester’s tuition in  order  to  be
eligible to participate in the MGIB.  In view of these  circumstances,
we believe any doubt should be resolved in  favor  of  the  applicant.
Accordingly, we recommend that the applicant’s record be corrected  as
indicated below.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The pertinent military records of  the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that provided he reimburses
the United States Air Force for his Air Force Reserve Officer  Training
Corps (AFROTC) Spring 2000 Semester college tuition,  he  declined  his
AFROTC Scholarship for the Spring 2000 semester at  the  University  of
Iowa.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 9 November 2000, under the provisions of AFI  36-
2603.

                 Mr. Richard A. Peterson, Panel Chair
                 Mr. George Franklin, Member
                 Mr. Jackson A. Hauslein, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 23 May 00, w/atchs.
   Exhibit B.  Letter, HQ AFROTC/RRF, dated 7 Jul 00, w/atchs.
   Exhibit C.  Letter, HQ AFPC/DPPAT, dated 15 Aug 00.
   Exhibit D.  Letter, SAF/MIBR, dated 1 Sep 00.
   Exhibit E.  Applicant's response, dated 18 Sep 00.




                       RICHARD A. PETERSON
                       Panel Chair







AFBCMR 00-01589



MEMORANDUM FOR THE CHIEF OF STAFF

      Having reviewed and considered  the  recommendation  of  the  Air
Force Board for Correction for 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 APPLICANT, SSN, be  corrected  to  show  that  provided  he
reimburses the United States  Air  Force  for  his  Air  Force  Reserve
Officer Training Corps (AFROTC) Spring 2000 Semester  college  tuition,
he declined his AFROTC Scholarship for the Spring 2000 semester at  the
University of Iowa.




                             JOE G. LINEBERGER
                             Director
                             Air Force Review Boards Agency

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