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AF | BCMR | CY2003 | BC-2002-03873
Original file (BC-2002-03873.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-03873
            INDEX NUMBER:  128.00
      XXXXXXXXXXXXX    COUNSEL:  None

      XXX-XX-XXXX      HEARING DESIRED:  No

_____________________________________________________________

APPLICANT REQUESTS THAT:

She be made eligible for Montgomery GI Bill (MGIB) benefits.

_____________________________________________________________

APPLICANT CONTENDS THAT:

She was miscounseled at Commissioned Officer Training (COT) that she  was
not eligible for GI Bill benefits due to her career status as a  Dentist.
In support of her  application,  applicant  provides  two  statements  of
support  corroborating  the  miscounselling  from  other  dentists   that
attended training with her.

The applicant’s complete submission, with attachments, is at Exhibit A.

_____________________________________________________________

STATEMENT OF FACTS:

The relevant facts pertaining to this case are found  in  the  evaluation
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.

38 USC, Chapter 30, Montgomery GI Bill, provides benefits for  a  variety
of education and training programs, including those for dentists  seeking
additional training or  certification.   The  law  stipulates  all  MGIB-
eligible individuals are automatically enrolled in the MGIB upon entering
active duty and are given a one-time opportunity to disenroll should they
desire not to participate in  the  program.   They  may  disenroll  after
hearing a briefing.  The  applicant’s  records  indicate  a  decision  to
disenroll on 9 Jul 98.

The individual that conducted the  COT  briefings  during  the  time  the
applicant attended indicates that he always encouraged  the  officers  to
participate in the MGIB as they may want  to  continue  or  expand  their
education at a future date.  AFPC/DPPAT states  that  they  reviewed  the
content and presentation of the COT briefing on 11 Jun 98 and found it to
be correct.  They point out issues with the letters of  support  provided
by the applicant.  The applicant  has  not  presented  any  substantiated
evidence of government error or miscounselling.

The complete evaluation is at Exhibit C.

_____________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant responded to the Air Force evaluation by pointing out  what
she considers several flaws in the logic  contained  in  it.   Among  her
assertions is the fact that she submitted three  statements  from  active
duty Air Force officers, including her own, attesting to the validity  of
her claim.  She states that she has served five years  as  an  Air  Force
dental officer and believes that she should have  the  same  benefits  as
anyone else leaving active duty.

The applicant’s complete response, with attachments, is 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.  While we cannot dispute whether or  not
the  applicant  was  confused  regarding  her  entitlements   under   the
Montgomery GI Bill, we are not persuaded that she took  all  the  actions
within her means to get any vague issues clarified.   We  note  that  the
author of one of her letters of support chose to remain enrolled  in  the
program unlike the applicant.  The same individual indicates  that  “five
years later” she and the applicant “remain confused” regarding the  MGIB.
If this is the case, why does the applicant now desire to enroll?  We  do
not find the evidence submitted by the applicant sufficient to  determine
that she has been the victim of an error or injustice.  Therefore, in the
absence of evidence to the contrary,  we  find  no  basis  to  grant  the
requested relief.

_____________________________________________________________

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 BC-2002-03873
in Executive Session on 1 April 2003, under the  provisions  of  AFI  36-
2603:

      Mr. Thomas S. Markiewicz, Vice Chair
      Mr. Vaughn E. Schlunz, Member
      Ms. Patricia D. Vestal, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 27 Nov 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPAT, dated 18 Feb 03.
    Exhibit D.  Letter, SAF/MRBR, dated 28 Feb 03.
    Exhibit E.  Memorandum, Applicant, dated 12 Mar 03.




                                   THOMAS S. MARKIEWICZ
                                   Vice Chair

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