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AF | BCMR | CY2013 | BC 2013 02743
Original file (BC 2013 02743.txt) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-02743
	XXXXXXX	COUNSEL:  NONE
		HEARING DESIRED:  YES

________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His AF Form 1056, Air Force Reserve Officer Training Corps 
(AFROTC) Contract, dated 8 Jan 97, “Type of Scholarship” and 
“Length of Scholarship” be changed from “POCI” and “2 years” to 
blank.

2.  A checkmark be applied to the “Professional Officer Corps 
(POC) box and correct errors on all paper and electronic 
documents.

3.  A new AF Form 1056 be created.

________________________________________________________________

APPLICANT CONTENDS THAT:

He never received a scholarship requiring additional service 
under 10 USC §2107.  The Professional Officer Course Incentive 
(POCI) he received is/was not a scholarship.  The POCI 
subsistence allowance is covered under 37 USC §209, sub-section 
(a), which explicitly states that it "may not be considered 
financial assistance requiring additional service."  

He only received $850 from the ROTC per school semester, an 
amount indicating he did not receive an academic scholarship.  
Also, this amount was well below semester tuition costs.

This error caused him problems in Aug 00 when he initially 
applied to use the Montgomery GI Bill (MGIB).  His ROTC 
Detachment, however, corrected the error via a letter.  He 
thought the error was resolved, especially since his original 
Post-9/11 GI Bill application showed his "begin date" for 
creditable service as 11 Sep 01 (1054 days).  However, at some 
point between 2009 and his actual usage in 2013, the Department 
of Veterans Affairs (DVA) changed his "begin date" for 
creditable service from 11 Sep 01 to 15 Dec 02 (593 days).  This 
reduced his eligibility from 90 percent to 70 percent without 
warrant or explanation other than the DVA was calculating his 
total military service based upon a scholarship-recipient who 
incurred a service obligation.

In support of his appeal, the applicant provides copies of his 
AFROTC contract; MGIB contract; college financial statements, 
and DVA Certificates of Eligibility.

The applicant’s complete submission, with attachments, is at 
Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

On 8 Jan 97, the applicant signed his AFROTC contract, 
acknowledging and accepting the Professional Officer Course 
Incentive (POCI).  

________________________________________________________________

THE AIR FORCE EVALUATION:

AFROTC/CC recommends denial, stating in part, that based on a 
preponderance of evidence, the applicant received scholarship 
funds.  CC states that the applicant’s records were properly 
reviewed through all levels at AFROTC and the decision reflects 
a fair, consistent and impartial evaluation against all AFROTC 
cadets on a national level.  

On 8 Jan 97, the applicant signed his AF Form 1056, 
acknowledging and accepting the Professional Officer Course 
Incentive (POCI).  AFROTC records indicate that he received POCI 
funds, which was confirmed in his request as well.  The POCI was 
through the AFROTC scholarships budget.  AFROTC, therefore, has 
confirmed the applicant was given scholarship funds and that his 
detachment correctly coded his commissioning records as having 
received assistance via scholarship funds.  Congress later 
changed Title 10 to accommodate the POCI, but it had no 
provision for retroactive changes.

The complete AFROTC/CC evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 19 Sep 13 for review and comment within 30 days.  
As of this date, no response has been received by this office 
(Exhibit D).

________________________________________________________________

THE BOARD CONCLUDES THAT:

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

2.  The application was timely file.

3.  Insufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice.  We took notice 
of the applicant's complete submission in judging the merits of 
the case; however, we agree with the opinion and recommendation 
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 basis to 
recommend granting the relief sought in this application.

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(s) 
involved.  Therefore, the request for a hearing is not favorably 
considered.

________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of material 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-2013-02743 in Executive Session on 3 April 2014, under 
the provisions of AFI 36-2603:

      , Chair
      , Member
      , Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 4 Jun 13, w/atchs. 
    Exhibit B.  Applicant's Available Master Personnel Records.
    Exhibit C.  Letter, AFROTC/CC, dated 29 Aug 13.
    Exhibit D.  Letter, SAF/MRBR, dated 19 Sep 13.




                                   Panel Chair




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