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AF | BCMR | CY2002 | BC-2002-02756
Original file (BC-2002-02756.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-02756
            INDEX NUMBER:  131.00
      XXXXXXXXXXXXXXX  COUNSEL:  None

      XXX-XX-XXXX      HEARING DESIRED:  No

_______________________________________________________________

APPLICANT REQUESTS THAT:

His written declination of the Montgomery GI Bill (MGIB) be  voided  and
he be allowed  to  “accept”  and  make  payment  into  the  program  for
eligibility for benefits.

_______________________________________________________________

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,  extracted  from  the
applicant’s military records, are contained in the  letter  prepared  by
the appropriate office of the Air Force found at Exhibit C.

_______________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAT recommends denial of the applicant’s request.  The  Education
Officer that briefed the applicant encourages all  eligible  members  to
enroll in the MGIB program.  He denies advising  the  applicant  or  any
other medical officer that MGIB benefits would not  pay  for  additional
medical training.

The complete evaluation is at Exhibit C.

_______________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on  20
September 2002 for review and  comment  within  30  days.   To  date,  a
response has not been received.
_______________________________________________________________
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 office  of  primary
responsibility and adopt their rationale as the basis for our 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 Docket Number 02-02756  in
Executive Session on 5 November 2002, under the provisions  of  AFI  36-
2603:

      Mr. Joseph G. Diamond, Panel Chair
      Ms. Kathleen Graham, Member
      Mr. Joseph A. Roj, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 22 Aug 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPPAT, dated 12 Sep 02.
    Exhibit D.  Letter, SAF/MIBR, dated 20 Sep 02.




                                   JOSEPH G. DIAMOND
                                   Panel Chair

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