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