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AF | BCMR | CY2007 | BC-2007-00285
Original file (BC-2007-00285.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-00285
            INDEX CODE:  100.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  4 AUG 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be allowed to reverse his decision he made on 18  June  2003  to  decline
the Montgomery GI Bill (MGIB).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was counseled incorrectly during his pediatric residency  orientation  at
Keesler Air Force Base in June 2003.  He states that he was led  to  believe
that he would lose $1,200 and never be able to use it for education  because
he already had a doctorate.

In support of his request, the applicant provided a  copy  of  the  DD  Form
2366, Montgomery GI Bill Act of 1984.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on extended active duty in the  grade  of
captain effective and with a date of rank of 16 May 2003.

On 11 July 1997, the applicant  elected  not  to  participate  in  the  MGIB
program.

_________________________________________________________________


AIR FORCE EVALUATION:

AFPC/DPPAT recommends denial.  DPPAT states the applicant completed  the  DD
Form 2366  correctly.   He  acknowledged  understanding  the  conditions  in
participating in the MGIB program and elected not to participate.

The applicant provides no evidence to  support  his  contention  that  would
prove his declination was a government error.  His statement  focuses  on  a
process that involves the legal office signing the DD Form 2366.  The  legal
office is not involved in  signing  or  witnessing  the  DD  Form  2366.   A
guidance  counselor,  who  witnessed  the  signing  of  the  DD  Form  2366,
submitted a statement on behalf of the government that she  could  not  have
given him such bad information.

Congress has allowed only one “open enrollment” for those who declined  MGIB
participation (38 U.S.C., Chapter  30,  Section  3018).   The  participation
period was from 1 December 1988 through 30 June 1989.  Currently, there  are
no other provisions under 38 U.S.C., Chapter 30 that allow an individual  to
reverse their decision once they have declined MGIB participation

The DPPAT complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and states when he signed the DD  Form
2366 in  July  2003,  he  was  incorrectly  counseled  by  several  superior
officers.  He can get affidavits from  several  young  physicians  who  were
there with him and were counseled the exact same way.  This was  clearly  so
that he could not use the MGIB money.  The DD Form  2366  does  not  clearly
explain that he could have used the money.  He states he  had  no  knowledge
that he had been miscounseled.

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.   After  a  thorough  review  of  the
evidence of  record  and  the  applicant’s  submission,  the  Board  is  not
persuaded relief should be granted.  The applicant’s  contentions  are  duly
noted; however, the  Board  does  not  find  these  assertions,  in  and  by
themselves, sufficiently persuasive to override the  rationale  provided  by
the Air  Force  office  of  primary  responsibility.   While  the  applicant
indicates he was miscounseled  regarding  the  MGIB,  he  has  not  provided
persuasive evidence to substantiate his claim.  The applicant completed  the
DD Form 2366 and acknowledged understanding the conditions in  participating
in the MGIB program and elected  not  to  participate.   Therefore,  in  the
absence of evidence to the contrary, the Board finds no compelling basis  to
recommend granting the relief sought.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented  did  not  demonstrate  the
existence of an error or injustice; the application  was  denied  without  a
personal appearance; and 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-2007-
00285 in Executive Session on 8 May 2007, under the provisions  of  AFI  36-
2603:

                 Ms. Charlene M. Bradley, Panel Chair
                 Mr. Garry G. Sauner, Member
                 Ms. Kathleen B. O’Sullivan, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 14 Dec 06, w/atch.
   Exhibit B.  Applicant’s Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPAT, dated 19 Mar 07.
   Exhibit D.  Letter, SAF/MRBR, dated 6 Apr 07.
   Exhibit E.  Letter, Applicant, dated 9 Apr 07.




                 CHARLENE M. BRADLEY
                 Panel Chair

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