RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00623
            INDEX CODE:  100.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

She be enrolled in the Montgomery GI Bill (MGIB).

_________________________________________________________________

APPLICANT CONTENDS THAT:

Her original DD Form 2366 indicated she waived her GI Bill benefits  because
she graduated under scholarship.  She  never  would  have  signed  away  her
benefits knowingly.   When  she  accepted  the  Professional  Officer  Corps
Incentive (POCI) scholarship in 1993,  she  was  never  informed  she  would
subsequently be giving  up  her  MGIB  benefits.   She  was  later  informed
officers were not eligible for GI Bill benefits.  She received  a  total  of
$2,000.00 in POCI funds, including her graduating semester, which  is  under
the $3,400.00 minimum stipulated for Category I eligibility in light of  her
discovery that she may be eligible for the MGIB.  She  would  wholeheartedly
like to enroll in the MGIB program.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 3 September 1993, the  applicant  signed  an  AF  Form  1056,  Air  Force
Reserve Officer Training Corps (AFROTC) Contract.

On 13 May 1994, the applicant was commissioned in  the  Air  Force  Reserves
and entered extended active  duty  on  that  date  in  the  grade  of  first
lieutenant.  The applicant was promoted to the grade  of  captain  effective
and with a date of rank of 19 August 1998.

On  13  May  1994,  the  applicant  signed  a  Statement  of  Benefits   and
Willingness/Intent to Honor Obligations, AFROTC  Form  109.   The  statement
indicated she received $2,000.00 for tuition and a book allowance.




On 13 December 1994, the applicant signed a  DD  Form  2366,  Montgomery  GI
Bill contract.

Prior to 1 October 1996, 38 USC, Chapter 30,  Section  3011,  excluded  from
MGIB eligibility any cadet who received any ROTC scholarship funds during  a
term at the end of which he or she  graduated  and  accepted  a  commission.
Congress amended the law in 1996 and again in 2001  (PLs  104-201  and  107-
103) to allow ROTC cadets (who received no more than $3,400.00 in any  year)
the opportunity to participate in the MGIB.  The applicant  contracted  with
AFROTC and received approximately $2,000.00 during her senior year  in  1993
through 1994.

On 15 December 2003, the applicant was honorably  released  and  transferred
to the inactive Air Force Reserves.

_________________________________________________________________

AIR FORCE EVALUATION:

Prior to October 1996,  all  cadets  who  received  any  ROTC  funding  were
ineligible for the MGIB.  They know  of  no  requirement  in  1993-1994,  to
brief cadets that acceptance of ROTC funds may make them ineligible for  the
MGIB.  Any discussion of the MGIB was informal or at the discretion  of  the
ROTC Detachment staff.  They attempted to contact  individuals  assigned  to
the detachment during the year in question and talked  with  one  individual
who was not aware of any MGIB briefings.

The purpose  of  the  MGIB  legislation  includes  support  for  individuals
seeking higher education  and  “who  might  not  otherwise  afford  such  an
education.”  ROTC scholarship assistance also seeks to satisfy this goal  by
providing assistance to  deserving  individuals.   Congress  purposely  made
ROTC graduates ineligible for the MGIB in its effort to prevent  individuals
from receiving “double” benefits.

If the Board grants relief, they recommend the applicant  repay  the  monies
received in ROTC.

The evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The  applicant  reviewed  the  evaluation  and  indicated  if  there  is  no
requirement to brief cadets on the documents they sign, then  this  practice
should be amended as the Air Force is taking advantage of  college  students
in order to maintain recruiting numbers.  This goes against the core  values
of the organization itself.  This was the first year of the POCI  money  and
there was no discussion of this being included as a true  scholarship.   She
fully understands the purpose of the double benefit issue; however, this  is
not the case in her scenario.  The only money she received, from AFROTC  was
$2,000.00  If she had known she was forfeiting her  benefits  to  MGIB,  she
never would have accepted the $1,000.00 during her graduating semester.

She further indicates if she received  scholarship  monies  she  would  have
received between $6,000.00  and  $12,000.00  per  year.   She  was  only  on
contract for her final year of four years  of  ROTC  service.   She  entered
ROTC in order to serve her country, and did honorably for nine  years.   She
understands Congress made ROTC cadets “on scholarship” ineligible for  these
benefits.  She was not on scholarship, but a recipient of incentive  monies.
 She  served  faithfully  and  honorably  for  four  years  of  ROTC,  while
receiving no money until the end, and served her country for nine  years  in
various positions.  She has no reservations about  repaying  the  monies  in
order to enroll in the MGIB.

Applicant’s response 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 an 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  and  adopt  their
rationale as the basis for our conclusion that the applicant  has  not  been
the victim of an error or an injustice.  In 1994, the applicant a senior  in
the AFROTC program received funding  from  the  Air  Force  for  educational
assistance.  Prior to 1 October 1996,  38  USC  Chapter  30,  Section  3011,
excluded any cadet from the MGIB who received  any  ROTC  funding  during  a
term at the end of which he or she  graduated  and  accepted  a  commission.
The applicant  contracted  with  AFROTC  and  received  approximately  $2000
during her senior year (1993-1994),  thus  making  her  ineligible  for  the
MGIB.  Therefore, in the absence of evidence to the  contrary,  we  find  no
compelling basis to recommend granting the relief sought.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of an error or an 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-2004-
00623 in Executive Session on 12 May 2004, under the provisions of  AFI  36-
2603:

                 Mr. David C. Van Gasbeck, Panel Chair
                 Mr. James A. Wolffe, Member
                 Ms. Jean A. Reynolds, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 4 March 2003, w/atchs.
   Exhibit B.  Military Personnel Records.
   Exhibit C.  Letter, AFPC/DPPAT, dated 25 March 2004.
   Exhibit D.  Letter, SAF/MRBR, dated 2 April 2004.
   Exhibit E.  Letter, Applicant, dated 1 may 2004.



                       DAVID C. VAN GASBECK
                       Panel Chair