RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-02497
INDEX CODE: 100.00
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect enrollment in the Montgomery GI Bill
(MGIB).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He completed in-processing with approximately 300 classmates beginning
internships and residencies. He declined the MGIB based on what he now
knows to be erroneous information that he received during his in-processing
briefings. He was led to believe that the GI Bill was not worthwhile
because his formal education had already been completed. He was under the
impression that in order to use the MGIB he had to be in a degree producing
program at a university or community college. He was instructed to
indicate on a form acceptance or declination and to sign the form and
return it to the Military Personnel Flight (MPF). There was no opportunity
to ask questions or request clarification on any part of the briefing. He
had no reason to believe that the information provided was inadequate or
erroneous.
He was recently urged by an Army colleague to make sure that he was
enrolled in the MGIB. His colleague was using the MGIB to help him with
his surgery fellowship. His colleague learned he could use the MGIB for
fellowship during his last year on active duty and was able to receive the
benefit by paying the full amount in one lump sum. His colleague had also
declined the MGIB based on erroneous information he received during his in-
processing.
He would like to further his medical education. He is concerned the Air
Force is not adequately informing Airmen about the more non-traditional
avenues in which the MGIB can assist them further in their education. He
is willing to pay for the MGIB in full upon approval of his application.
In support of the application, the applicant submits his personal statement
and four affidavits.
The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Information extracted from the Military Personnel Data System (MilPDS)
reveals the applicant’s Total Active Federal Commissioned Service Date
(TAFCSD) as 8 Jun 00. He was promoted to the grade of major effective and
with a date of rank of 23 Jan 05. He is currently serving as Chief,
Dermatology Element.
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/DPSIT recommends denial. DPSIT states 38 U.S.C. Chapter 30
prohibits reversal of the MGIB. In addition, it stipulates that all MGIB-
eligible individuals are enrolled in the MGIB upon entering active duty and
are given a one-time election to opt out of the program. The enrollment
decision is normally made within two weeks of entering active duty and is
confirmed when an individual signs the appropriate blocks of a DD Form
2366, Montgomery MGIB Act of 1984.
On 20 Jun 00, the applicant signed the DD Form 2366 indicating he did not
wish to participate in the MGIB program with the understanding that he
would not be able to enroll at a later date.
DPSIT states newly commissioned medical officers assigned to Wilford Hall
attend a briefing tailored to their needs. They have at least two days to
consider the program before returning for a review of the benefits and
making the enrollment election. The MPF is not a part of this process as
it is managed by Lackland AFB Education Office staff. The briefing
includes general information on medical training and education
opportunities; the officers are referred to the Dept of Veterans Affairs
for additional information.
The complete DPSIT evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 5 Oct
07 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 timely filed.
3. Sufficient relevant evidence has been presented to demonstrate the
existence of an error or injustice. In this respect, applicant
acknowledges that he declined participation in the MGIB program; however he
states his declination was based on misinformation that he was provided.
Notwithstanding the position of the Air Force office of primary
responsibility, we do not find the applicant's assertion that he was
miscounseled unreasonable to believe. In this respect, it appears that
based on his particular circumstances, had he been properly advised on the
benefits and uses of the MGIB program, he would have had everything to gain
and nothing to lose by participating in the program and we find no rational
basis as to why he would have declined to participate. Accordingly, it is
our opinion that he has established reasonable doubt in this matter and we
believe the benefit of any doubt should be resolved in his favor.
Therefore, we recommend his records be corrected as indicated below.
4. The applicant's case is adequately documented and it has not been shown
that a personal appearance with or without counsel will materially add to
our understanding of the issue involved. Therefore, the request for a
hearing is not favorably considered.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT be corrected to show that on 20 June 2000, he elected to
participate in the Montgomery GI Bill.
_________________________________________________________________
The following members of the Board considered this application in Executive
Session on 21 Dec 07, under the provisions of AFI 36-2603:
Ms. Charlene M. Bradley, Panel Chair
Ms. Audrey Y. Davis, Member
Ms. Patricia R. Collins, Member
The following documentary evidence was considered in AFBCMR BC-2007-02497:
Exhibit A. DD Form 149, dated 26 Jul 07, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPSIT, dated 21 Sep 07.
Exhibit D. Letter, SAF/MRBR, dated 5 Oct 07.
CHARLENE M. BRADLEY
Panel Chair
AFBCMR BC-2007-02497
MEMORANDUM FOR THE CHIEF OF STAFF
Under the authority of Section 1552, Title 10, United States
Code and Air Force Instruction 36-2603, and having assured compliance
with the provisions of the above regulation, the decision of the Air
Force Board for Correction of Military Records is announced, and it is
directed that:
The pertinent military records of the Department of the Air
Force relating APPLICANT be corrected to show that on 20 June 2000, he
elected to enroll in the Montgomery GI Bill (MGIB) program.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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