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AF | BCMR | CY2008 | BC-2007-03455
Original file (BC-2007-03455.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-03455
            INDEX CODE:  100.00

            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be allowed to participate in the Montgomery GI Bill (MGIB) program.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was not properly briefed on the  benefits  before  his  decision  not  to
participate in the MGIB in May 1987.   The  prearranged  MGIB  briefing  was
appallingly short and unbelievably misleading.

In support of his request, the applicant provided a personal statement.

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
lieutenant colonel, having assumed that grade effective and with a  date  of
rank of 1 January 2003.

On 20 May 1987, the  applicant  elected  not  to  participate  in  the  MGIB
program.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial.   DPSIT  states  Congress  allowed  one  "open
enrollment" period, 1 December 1988 through 30 June  1989,  for  individuals
who earlier declined to participate in the MGIB.  There is no record of  the
applicant exercising his  sole  opportunity  to  reverse  the  disenrollment
decision.

DPSIT corresponded with the applicant on  29  November  2007  asking  if  he
could provide any  written  information  or  corroborating  statements  from
other individuals with  direct  knowledge  of  the  briefing  content.   The
applicant failed to respond.

AFPC/DPSIT’s complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and  reiterates  that  he  desires  an
opportunity to contribute to the MGIB.  He was not properly briefed  on  the
benefits before his decision not to participate in the  MGIB  in  May  1987.
The prearranged MGIB briefing which prompted his confusion  was  appallingly
short and unbelievably  misleading  and  presented  along  with  many  other
briefs that day in a crowded auditorium.  He further states  he  has  served
his country for over 20 years.

Applicant's complete submission, with attachment, is at 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.  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, it is  our  opinion  that
relief is not warranted in this case.  The applicant's contentions are  duly
noted; however, other than his own uncorroborated assertions  regarding  the
inadequacies of the briefing he has provided no evidence which sustains  his
burden of proof of either an error or injustice.  In view of the  above  and
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 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-
03455 in Executive Session on 8 April 2008, under the provisions of AFI  36-
2603:

                 Ms. Rita S. Looney, Panel Chair
                 Ms. Karen A. Holloman, Member
                 Mr. Garry G. Sauner, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 22 October 2007, w/atch.
   Exhibit B.  Letter, AFPC/DPSIT, dated 8 February 2008.
   Exhibit C.  Letter, SAF/MRBR, dated 22 February 2008.
   Exhibit D.  Letter, Applicant, 1 March 2008, w/atch.





                 RITA S. LOONEY
                 Panel Chair

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