RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-01778
            INDEX CODE: 128.14
            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY COMPLETION DATE:  8 NOVEMBER 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 2336, Veteran's Educational Assistance Act of  1984  (GI  Bill),
completed and signed on 16 Jul 86 be amended to show  that  he  enrolled  in
the GI Bill.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He signed the declination for the GI Bill before he started medical  school.
 He was told he did not need to sign up for the GI  Bill  because  he  would
become a physician and could practice medicine after he completed  his  time
in    service.     However,    to    be    promoted,    he    must    assume
administrative/leadership roles.  Over the past three years, he  has  barely
seen enough patients to maintain a minimal proficiency.  With  his  upcoming
assignments, he will have very little opportunity to  practice  the  breadth
and depth of his specialty (Occupational  Medicine).   He  is  not  able  to
resume a full, independent civilian practice as he could  have  three  years
ago.  He has made attempts to obtain an assignment that  would  improve  his
proficiency in his specialty; however, he was told that  the  needs  of  the
Air Force dictate his assignments.  He wants to be prepared to work when  he
is discharged from military service.  The administrative duties he  performs
in his current position are not those performed by  most  providers  in  the
civilian community.  Other providers have stated that they  intend  to  work
in  an  equivalent  position  upon  retirement.   The  majority  of  medical
officers have stated they do not feel  able  to  adequately  maintain  their
clinical  skills  and  feel  comfortable  resuming  regular  practice   upon
retirement.  He was ill advised  and  inadequately  informed  in  1986  when
making a decision regarding the GI Bill.

In support of the application, the applicant submits a copy of his GI  Bill.
 The applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from  the  Military  Personnel  Data  System  (MilPDS)
indicates the applicant is a Chief, Medical Services, serving in  the  grade
of lieutenant colonel, effective and with a date of rank  of  19  May  2002.
His total active federal military service date is 19 May 1990.

The remaining relevant facts pertaining to this application, extracted  from
the applicant’s military records, are contained in the  letter  prepared  by
the appropriate office of the Air Force at Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPAT recommends denial.  DPPAT  states  Congress  has  allowed  one
"open  enrollment"  for  those  who  declined   MGIB   participation.    The
participation period to reverse a decision declining the  MGIB  was  from  1
Dec 88 thru 30 Jun 89.  The applicant did not exercise this  opportunity  to
reverse his decision.  Currently, there are no  other  provisions  under  38
U.S.C, Chapter 30 that allow individuals  to  reverse  their  decision  once
they have declined MGIB participation.

DPPAT states the applicant's request merits denial based on the  Defense  of
Laches.  Laches denies relief to one who has  unreasonably  and  inexcusably
delayed in asserting a claim.  In this case, the declination statement  took
effect over 20 years ago.  The applicant's  unreasonable  delay  has  caused
prejudice to the Air Force through fading of memories or lack  of  witnesses
who can recall this specific event when the  applicant  elected  to  decline
MGIB participation.  DPPAT concludes his  unreasonable  delay,  regarding  a
matter dating back  to  16  Jul  86,  greatly  complicates  the  ability  to
determine the merits of his position.

The complete DPPAT evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 31  Aug
for review and comment within 30 days.  As of this  date,  this  office  has
received no response (Exhibit D).

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing  law  or
regulations.

2.  The application was not timely filed; however, it is in the interest  of
justice to excuse the failure to timely file.

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 opinions and recommendations of the Air Force  office  of  primary
responsibility and adopt its rationale as the basis for our conclusion that
the applicant has not been the victim of an error or injustice.  Therefore,
in the absence of 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 this application in  Executive
Session on 4 October 2007, under the provisions of AFI 36-2603:

                 Mr. Laurence M. Groner, Chair
                 Ms. Josephine L. Davis, Member
                 Ms. Mary C. Puckett, Member

The following documentary evidence was considered in connection with  AFBCMR
Docket Number BC-2007-01778:

      Exhibit A.  DD Form 149, dated 30 May 07, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/ DPPAT, dated 30 Jul 07.
      Exhibit D.  Letter, SAF/MRBR, dated 31 Aug 07.




                                   LAURENCE R. GRONER
                                   Panel Chair