RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-00100
		INDEX CODE:  135.02

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be given Montgomery GI Bill benefits based on his active, Reserve and Guard duty.

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APPLICANT CONTENDS THAT:

He served on active duty for 2 ½ years.  He separated under the Air Force Reserve and finished his contract in the Air National Guard.  He was honorably discharged and served in Dessert Shield.

Applicant's complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 7 May 1991, for a period of four years.

The applicant, while serving in the grade of Senior Airman, was released from the Air Force on 29 September 1993 with an honorable discharge.  He served 2 years, 4 months, and 23 days active service.  He was separated under Palace Chase and affiliated with the Air Force Reserve and, later, the Air National Guard (ANG).  On 13 December 1996, he was honorably discharged from the ANG because of separation of hit term of service.

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AIR FORCE EVALUATION:

The Chief, Education Services Automation Section, AFPC/DPPAT, reviewed the application and states, to qualify for benefits, the Montgomery GI Bill, 38 U.S.C. Chapter 30, requires individuals to sign a statement of understanding, have their pay reduced by $1200, serve a minimum period of active duty, and receive an honorable discharge/separation.  The Department of Veterans Affairs (DVA) adjudicates each application and grants benefits to those individuals who qualify.  The statement of understanding says individuals must complete 36 months of active duty…and the pay reduction cannot be refunded.  Individuals may, however, serve a minimum of 24 months if, within one year of leaving active duty, they affiliate with a Selected Reserve or Guard unit.  They must then satisfactorily participate in a drilling status for four years.

They further state that the applicant met the active duty requirement and participated in the Reserve and Guard for three years six months.  After completing his contract to participate in the Guard the applicant entered the Individual Ready Reserve (December 1996 - January 1999) to complete his Military Service Obligation.  The Department of Veterans Affairs (DVA) adjudicator denied the applicant’s claim because he didn’t meet the minimum participation requirement of four years.  Therefore, they recommend denial of applicant’s request.

A complete copy of the evaluation is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 16 March 2001, a copy of the Air Force evaluation was forwarded to applicant for review and response within 30 days.  As of this date, no response has been received by this office.

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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 probable error or injustice.  While no errors in his separation from active duty or the Air National Guard can be detected, we do believe that the applicant has been the victim of an injustice.  In this respect, we note that the applicant was separated from active duty prior to serving 36 months.  This action was due to the Air Force drawdown program.  Applicant served in the Air Force Reserve and Air National Guard for three years and six months.  Since applicant did not serve 36 months on active duty or 48 months in the Reserves, he was not eligible for Montgomery GI Bill benefits.  We believe that had the applicant been informed that failure to complete the required active duty or reserves time would deny him eligibility for GI Bill benefits, he would have served the required time.  Furthermore, we note that his service while on active duty and in the Reserves/Air National Guard was honorable.  In view of the above and to offset any possibility of an injustice, we recommend his records be corrected to the extent indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that:

    a.  On 13 December 1996, he was not discharged from the Oregon Air National Guard but on that date he continued to serve in the Air National Guard.

    b.  During retirement/retention (R/R) year 30 September 1996 through 29 September 1997, he was credited with an additional 27 nonpaid inactive training points, resulting in 50 total points.

    c.  On 1 October 1997, he was honorably discharged from the Oregon Air National Guard and transferred to Air Reserve Personnel Center.

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The following members of the Board considered this application in Executive Session on 9 May 2001, under the provisions of AFI 36-2603:

	            Panel Chair
	            Member
              Member

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 8 Jan 01, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPAT, dated 1 Mar 01.
   Exhibit D.  Letter, AFBCMR, dated 16 Mar 01.

                                   
                                   Panel Chair

AFBCMR 01-00100
INDEX CODE:  135.02

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to, be corrected to show that:

	           a.  On 13 December 1996, he was not discharged from the Oregon Air National Guard but on that date he continued to serve in the Air National Guard.

	           b.  During retirement/retention (R/R) year 30 September 1996 through 29 September 1997, he was credited with an additional 27 nonpaid inactive training points, resulting in 50 total points, making it a year of satisfactory Federal Service for retirement..

	           c.  On 1 October 1997, he was honorably discharged from the Oregon Air National Guard and transferred to Air Reserve Personnel Center.