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AF | BCMR | CY2004 | BC-2003-02087
Original file (BC-2003-02087.doc) Auto-classification: Denied





                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02087
            INDEX CODE:  128.06

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His eligibility for bonus/loan repayment entitlements be reconsidered.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was informed the he was eligible for the student loan  and  sign-up
bonus upon applying to the Air  National  Guard  (ANG).   After  being
commissioned, he was informed the benefits were no  longer  available.
These benefits were a significant  part  of  his  decision  process  -
$30,000 cash bonus and  $50,000  student  loan  repayment.   He  would
appreciate it if these benefits/incentives were reconsidered.

In support of his appeal, the  applicant  has  provided  copies  of  a
letter to his commander, a letter from California ANG (CA  ANG)  state
HQ to the applicant’s commander, an email trail between the CA ANG  HQ
and HQ National Guard Bureau (NGB), and indorsements from the director
of personnel and his commander.

His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

In April 2001, applicant contacted  the  CA  ANG  regarding  available
opportunities in  the  field  of  general  dentistry.   He  began  the
appointment process in April 2001, but it was delayed as he  underwent
LASIK eye  surgery.   After  a  post-operation  period,  his  physical
examiniation paperwork was resubmitted and approved by  waiver  on  10
January 2002.  He was appointed in the CA ANG effective 6 April 2002.

_________________________________________________________________

AIR FORCE EVALUATION:

ANG/DPPI recommends denial.  DPPI notes the bonus/loan entitlement was
available for dentist appointees in  fiscal  year  (FY)  01,  when  he
applied, but not in FY02, when he was finally appointed.  DPPI  states
the changes  in  recruiting  incentives  available  to  dentists  were
appropriately publicized by ANG/DPFR on 14 September 2001.  Therefore,
based on the incentive-eligible career fields proposed by  the  Office
of the Secretary of Defense (OSD) and incorporated into ANG  guidance,
the applicant has no basis for relief.

DPPI’s complete evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air National  Guard  evaluation  was  forwarded  to  the
applicant on 17 October 2003 for review and comment  within  30  days.
As of this date, no response has been received by this office.

_________________________________________________________________

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.  After a thorough review  of  the
evidence of record and applicant's submission, we  are  not  persuaded
that his uncorroborated assertions of  hearing  about  bonuses  and/or
loan  repayment  plans  and  receiving  advertisements  in  the   mail
concerning such, in and  by  themselves,  sufficiently  persuasive  to
override the rationale provided by  the  Air  Force.   We  agree  that
contractural agreements signed by appointees and the government should
be honored, however, the applicant was  not  able  to  produce  signed
copies of any contractural  agreement  between  himself  and  the  Air
National Guard that would indicate he was  promised  any  entitlements
upon  appointment.   Therefore,  we  agree  with   the   opinion   and
recommendation  of  the  Air  National   Guard   office   of   primary
responsibility and adopt the rationale expressed as the basis for  our
decision that the applicant has failed to sustain his burden of having
suffered either an error or injustice.  Therefore, in the  absence  of
persuasive 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 AFBCMR Docket Number BC-
2003-02087  in  Executive  Session  on  6  January  2004,  under   the
provisions of AFI 36-2603:

      Ms. Peggy E. Gordon, Panel Chair
      Mr. James W. Russell, III, Member
      Mr. J. Dean Yount, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 17 Jun 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ANG/DPPI, dated 26 Sep 03, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 17 Oct 03.




                                   PEGGY E. GORDON
                                   Panel Chair

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