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 applicants 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 applicants 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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