RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-01774
INDEX CODE: 100.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
She be allowed a second opportunity to enroll in the Montgomery GI
Bill (MGIB).
_________________________________________________________________
APPLICANT CONTENDS THAT:
She was given misleading information during her briefing. She
declined the opportunity to enroll in the MGIB because she was not
aware it would pay for graduate studies. She would now like to apply
for MGIB benefits to pay for graduate studies.
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 which is attached at Exhibit
C.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPAT states that 38 USC Chapter 30, Montgomery GI Bill, allows
an individual the opportunity to make a one-time election to disenroll
from the program. This decision is irrevocable. The applicant sought
relief through a waiver process but was denied on two occasions by
AF/DPDEV and AF/DP. Although the applicant may have been under the
impression the MGIB could not be used for graduate studies, she
presented no evidence of miscounseling or error by an Air Force
representative. Consideration for relief by waiver is granted to
those who can provide compelling evidence of miscounseling. A
possible misunderstanding of the program is not considered grounds to
correct a military record. 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:
Applicant reviewed the Air Force evaluation and states that she is not
contending that this was a misunderstanding. Rather, the incomplete
and misleading information given during her briefing influenced her
decision to decline the MGIB.
Applicant's complete response, with attachment, 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. Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. We took notice of the
applicant's complete submission in judging the merits of the case;
however, we agree with the opinion and recommendation of the Air Force
and adopt their rationale as the basis for the conclusion that the
applicant has not been the victim of an error or injustice.
Therefore, in the absence of evidence to the contrary, we find no
compelling basis to recommend granting the relief sought in this
application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of 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 14 August 2002, under the provisions of AFI 36-
2603:
Mr. Albert F. Lowas, Jr., Panel Chair
Mr. Thomas J. Topolski, Jr., Member
Mr. Grover L. Dunn, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 16 Jun 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPAT, dated 18 Jun 02.
Exhibit D. Letter, AFBCMR, dated 28 Jun 02.
ALBERT F. LOWAS, JR.
Panel Chair
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