Search Decisions

Decision Text

AF | BCMR | CY2003 | BC-2003-00802
Original file (BC-2003-00802.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00802
            INDEX CODE:  110.02

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

Her narrative reason for separation be  changed  for  the  purpose  of
qualifying for Montgomery GI Bill (MGIB) benefits under  Category  III
and Category IV.
_________________________________________________________________

APPLICANT CONTENDS THAT:

The Department of Veterans Affairs (DVA) denied her request  for  MGIB
benefits due to the reason for her separation.

She believes she is entitled to receive her GI  benefits  because  her
pay was reduced by $100 a month for 12 months and  her  discharge  was
honorable.  She separated with the intention of going to college while
utilizing her GI Bill.  She would not have separated if she knew  that
she was not entitled to the benefits.

In support of her request, the applicant submits a personal statement,
a copy of her DD Form 214 and a copy of her DD Form  293  (Application
for the Review of Discharge or Dismissal from the Armed Forces of  the
United   States).    The   applicant’s   complete   submission,   with
attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted her enlistment in the Regular  Air  Force  on  14
September 1995 in the grade of airman first class (E-3) for  a  period
of four years.  On  28  September  1995,  she  signed  DD  Form  2366,
Montgomery GI Bill Act of 1984 (MGIB),  for  enrollment  in  the  MGIB
program.

The applicant was released from active duty on 30  December  1997  and
transferred to the Air Force Reserve under the provisions  of  AFI-36-
3208 (Interdepartmental Transfer).  She had completed  a  total  of  2
years, 3 months and 17 days of active service and was serving  in  the
grade of E-3 at the time of  separation.   On  23 February  2003,  the
applicant was relieved from the Obligated Reserve  Section  (ORS)  and
honorably discharged from the Air Force Reserve.
_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPAT recommends the application be denied.  DPPAT states that
the applicant was honorably separated after serving 27 months  and  17
days of active duty.   The  law  allows  the  Department  of  Veterans
Affairs (DVA) to award benefits if an individual  leaves  active  duty
after 24 months and affiliates with the Selected Reserve for at  least
four years.  The Air Force requires the  individual  to  work  with  a
recruiter to seek  affiliation  with  the  Selected  Reserve  (SELRES)
within one  year  of  the  separation.   At  the  time  the  applicant
separated from active duty, there was no available SELRES position  in
her Air Force Specialty Code (AFSC), or another  in  which  she  could
retrain,  so  she  accepted  the  Individual   Ready   Reserve   (IRR)
assignment.  DPPAT found no record of the applicant  ever  affiliating
with the SELRES.  The  DVA  may  also  award  month-to-month  benefits
(Category III eligibility) for service less  than  30  months  if  the
individual separates for disability, hardship, reduction in force,  or
other involuntary separation reason.   Category  IV  applies  only  to
certain individuals who first entered active duty  between  1  January
1977 and 30 June 1985 and participated in  a  conversion  opportunity;
the DVA cannot qualify the applicant as a Category IV participant.

DPPAT states that the applicant did not meet the legal requirement for
receiving MGIB benefits nor did she seek the  affiliation  that  would
allow her to qualify for the benefits.  If her  separation  reason  is
changed to one allowing benefits for service of less than  30  months,
the applicant may reapply for benefits.   The HQ AFPC/DPPAT evaluation
is at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  23
May 2003 for review and response.  As of this date,  no  response  has
been received by this office (Exhibit D).
_________________________________________________________________

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 the rationale expressed  as
the basis for our decision that the applicant has  failed  to  sustain
her burden that she has suffered either  an  error  or  an  injustice.
Additionally, even  though  there  may  not  have  been  an  immediate
position available with the Selected Reserve (SELRES), no evidence has
been presented showing the applicant made any attempts to work with  a
recruiter to find a position within one year of  her  separation.   In
view of the above and absent 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  BC-2003-
00802 in Executive Session on 31 July 2003, under  the  provisions  of
AFI 36-2603:

                  Mr. Philip Sheuerman, Panel Chair
                  Ms. Brenda L. Romine, Member
                  Mr. James W. Russell III, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 14 Mar 03, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPAT, dated 13 May 03.
   Exhibit D.  Letter, SAF/MRBR, dated 23 May 03.




                                   BRENDA L. ROMINE
                                   Acting Panel Chair

Similar Decisions

  • AF | BCMR | CY2005 | BC-2004-03216

    Original file (BC-2004-03216.doc) Auto-classification: Denied

    A complete copy of the evaluation is at Exhibit C. HQ AFPC/DPPRS asserts that, based on the documentation on file in the applicant’s records, the discharge was consistent with the procedural and substantive requirements of the discharge regulation and within the discretion of the discharge authority. As the applicant presents no facts warranting a change to her SPD code, denial is recommended. On 3 Feb 03, she requested discharge from active duty due to pregnancy and separated on 1 May 03...

  • AF | BCMR | CY2003 | BC-2003-01124

    Original file (BC-2003-01124.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBERS: BC-2003-01124 INDEX CODE 110.02 COUNSEL: None HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: Her records reflect that she was discharged for the convenience of the government, not due to pregnancy, so she may be eligible for educational benefits under the Montgomery GI Bill (MGIB). (See Exhibit F.) On 13 Aug 02, the...

  • AF | BCMR | CY2003 | BC-2003-02741

    Original file (BC-2003-02741.DOC) Auto-classification: Denied

    She was honorably discharged on 22 Oct 02. The DVA awards MGIB benefits to service members who receive an honorable discharge and serve on active duty for three continuous years. An honorable reduction for one of the following reasons may result in a reduction of the required length of active duty: (1) convenience of the government; (2) disability; (3) hardship; (4) a medical condition existing before service (5) force reductions; or (6) physical or mental conditions which prevent...

  • AF | BCMR | CY2004 | BC-2004-00757

    Original file (BC-2004-00757.doc) Auto-classification: Denied

    The contract states he would be kept in the Inactive Reserves for up to 12 months, which the Air Force exceeded. The applicant also claims a staff sergeant misinformed him at the time he signed the enlistment contract and said the “voided contract is just one example of why he should be allowed to re-enroll in the MGIB.” The ROTC enlistment contract is not void or the applicant would not have served nearly 12 years of active duty. However, after entering active duty in 1991, he opted to...

  • AF | BCMR | CY2006 | BC-2006-00467

    Original file (BC-2006-00467.doc) Auto-classification: Denied

    She states she did not learn about the benefits of the MGIB program until she was in discussion with other military members after separating from the military. In an effort to provide the applicant an opportunity to present an incontrovertible case supporting her request, she was asked to provide supplementary documentation from witnesses who could corroborate the error or injustice causing her decision to disenroll from the MGIB. Novel, Panel Chair Mr. Gregory A. Parker, Member Ms. Jan...

  • AF | BCMR | CY2007 | BC-2006-03113

    Original file (BC-2006-03113.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-03113 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 14 Apr 08 _________________________________________________________________ APPLICANT REQUESTS THAT: The separation program designator (SPD) be changed on her DD Form 214 so she will be eligible for Montgomery GI Bill (MGIB) benefits. ...

  • 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. The law stipulates all MGIB- eligible individuals are automatically enrolled in the MGIB upon entering active duty and are given a one-time opportunity...

  • AF | BCMR | CY2006 | bc-2006-01190

    Original file (bc-2006-01190.doc) Auto-classification: Denied

    She told them she wanted to sign up for the MGIB so they crossed out the decline section on her DD Form 2366 and had her initial next to it and told her the money would begin coming out of her account. AFPC/DPPAT complete evaluation, with attachment, is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 4 August 2006 for review and comment within 30...

  • AF | BCMR | CY2004 | BC-2004-02308

    Original file (BC-2004-02308.doc) Auto-classification: Denied

    On 7 Jun 94, she elected to accept separation from the Air Force in lieu of a waiver of discharge processing. They recommended against changing the RE code as there is no error in the applicant’s records. A complete copy of the evaluation is at Exhibit D. HQ AFPC/DPPAT advises that DOD records indicate the applicant accepted MGIB enrollment on 12 Mar 93.

  • AF | BCMR | CY2011 | BC-2011-00707

    Original file (BC-2011-00707.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00707 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: She be allowed to transfer her Post 9/11 GI Bill benefits to her dependents. She was told by a VA GI Bill customer service representative that the transfer of benefits must be done while she was still on active duty and must be completed on the...