RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  01-00100
            INDEX CODE:  135.02

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be given Montgomery GI Bill benefits based on his  active,  Reserve
and Guard duty.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He served on active duty for 2 ½ years.  He separated  under  the  Air
Force Reserve and finished his contract in the Air National Guard.  He
was honorably discharged and served in Dessert Shield.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force  on  7  May  1991,  for  a
period of four years.

The applicant, while serving  in  the  grade  of  Senior  Airman,  was
released from the Air Force on 29 September  1993  with  an  honorable
discharge.  He served 2 years, 4 months, and 23 days  active  service.
He was separated under Palace Chase and affiliated with the Air  Force
Reserve and, later, the Air National  Guard  (ANG).   On  13  December
1996, he was honorably discharged from the ANG because  of  separation
of hit term of service.

_________________________________________________________________

AIR FORCE EVALUATION:

The Chief, Education Services Automation Section, AFPC/DPPAT, reviewed
the application and states, to qualify for benefits, the Montgomery GI
Bill, 38 U.S.C. Chapter 30, requires individuals to sign  a  statement
of understanding, have their pay reduced by  $1200,  serve  a  minimum
period of active duty, and receive an honorable  discharge/separation.
The Department of Veterans Affairs (DVA) adjudicates each  application
and grants benefits to those individuals who qualify.   The  statement
of understanding says individuals must complete 36  months  of  active
duty…and the pay reduction  cannot  be  refunded….   Individuals  may,
however, serve a minimum of 24 months if, within one year  of  leaving
active duty, they affiliate with a Selected  Reserve  or  Guard  unit.
They must then satisfactorily participate in  a  drilling  status  for
four years.

They further state that the applicant met the active duty  requirement
and participated in the Reserve and Guard for three years six  months.
After  completing  his  contract  to  participate  in  the  Guard  the
applicant entered  the  Individual  Ready  Reserve  (December  1996  -
January 1999)  to  complete  his  Military  Service  Obligation.   The
Department  of  Veterans  Affairs   (DVA)   adjudicator   denied   the
applicant’s claim because he didn’t  meet  the  minimum  participation
requirement of  four  years.   Therefore,  they  recommend  denial  of
applicant’s request.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 16 March 2001, a copy of the Air Force evaluation was forwarded  to
applicant for review and response within 30 days.  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 timely filed.

3.    Sufficient relevant evidence has been presented  to  demonstrate
the existence of probable error or injustice.  While no errors in  his
separation from active duty or the Air National Guard can be detected,
we do believe that the applicant has been the victim of an  injustice.
In this respect, we note that the applicant was separated from  active
duty prior to serving 36 months.  This action was due to the Air Force
drawdown program.  Applicant served in the Air Force Reserve  and  Air
National Guard for three years and six months.   Since  applicant  did
not serve 36 months on active duty or 48 months in  the  Reserves,  he
was not eligible for Montgomery GI Bill benefits.  We believe that had
the applicant been informed that  failure  to  complete  the  required
active duty or reserves time would deny him eligibility  for  GI  Bill
benefits, he would have served the  required  time.   Furthermore,  we
note that his service while on active duty  and  in  the  Reserves/Air
National Guard was honorable.  In view of the above and to offset  any
possibility of an injustice, we recommend his records be corrected  to
the extent 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:

    a.  On 13 December 1996, he was not discharged from the Oregon Air
National Guard but on that date he  continued  to  serve  in  the  Air
National Guard.

    b.  During  retirement/retention  (R/R)  year  30  September  1996
through 29 September 1997, he  was  credited  with  an  additional  27
nonpaid inactive training points, resulting in 50 total points.

    c.  On 1 October 1997, he was honorably discharged from the Oregon
Air National Guard and transferred to Air Reserve Personnel Center.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 9 May 2001, under the provisions of AFI 36-2603:

                  Mr. Thomas S. Markiewicz, Panel Chair
                  Mr. Thomas J. Topolski, Jr., Member
              Ms. Mary C. Johnson, Member

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

   Exhibit A.  DD Form 149, dated 8 Jan 01, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPAT, dated 1 Mar 01.
   Exhibit D.  Letter, AFBCMR, dated 16 Mar 01.




                                   THOMAS S. MARKIEWICZ
                                   Panel Chair







AFBCMR 01-00100
INDEX CODE:  135.02




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:

                 a.  On 13 December 1996, he was not discharged from
the Oregon Air National Guard but on that date he continued to serve
in the Air National Guard.

                 b.  During retirement/retention (R/R) year 30
September 1996 through 29 September 1997, he was credited with an
additional 27 nonpaid inactive training points, resulting in 50 total
points, making it a year of satisfactory Federal Service for
retirement..

                 c.  On 1 October 1997, he was honorably discharged
from the Oregon Air National Guard and transferred to Air Reserve
Personnel Center.






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency