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
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