RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00541
				INDEX CODE: 135.03 
	APPLICANT 	COUNSEL:  None

	SSN		HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His records be corrected to reflect that he was not an unsatisfactory driller in the Air Force Reserve (AFR).

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APPLICANT CONTENDS THAT:

He was not an unsatisfactory driller.  He was processed out of the Air Force for non-successful completion of technical school.  He never missed any drills in which he was scheduled to participate.  

He was not aware of this discrepancy in his record until he was denied Montgomery GI Bill-Selected Reserve (MGIB-SR) benefits.

Applicant's complete submission, with attachment, is attached at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the AFR on 13 Feb 92, as an airman basic for a period of six years.  He successfully completed Basic Military Training/Tech School on 6 Nov 92 and was eligible for MGIB-SR benefits.

On 5 Mar 95, the applicant was terminated from the AFR for unsatisfactory participation.  He was reassigned to the Individual Ready Reserve on 26 May 95 for nonparticipation.  He joined the Navy Reserve on 13 Feb 02.

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AIR FORCE EVALUATION:

AFRC/DPT states the applicant was inactive for almost 5 years.  His point history shows no activity past 7-8 Jan 95.  In accordance with DoDI 1322.17, paragraph 6.8.1, entitlement to 
MGIB-SR benefits shall be suspended on the date the service member fails to participate satisfactorily as determined by the Command authority.  Failure to participate satisfactorily is defined as failure to fulfill the contractual obligation or service agreement as a member of the Selected Reserve.

Reserve members are authorized one 12 month nonavailability break during the 10-year window of MGIB eligibility.  The member's MGIB eligibility can be reinstated if the member, within one year, reenlists or extends for the period of time he did not actively participate in the Selected Reserve.  The applicant is not eligible for MGIB benefits because he had a break of more than 12 months.  Based on the above information, they recommend denying the applicant's request.

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 5 Apr 02, for review and response.  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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.	Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  Applicant’s contentions are duly noted; however, we agree with the opinion and recommendation of the Air Force and adopt their 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 compelling basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and 
that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered AFBCMR Docket Number 02-00541 in Executive Session on May 22, 2002, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 9 Feb 02, w/atch.
   Exhibit B. Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFRC/DPT, dated 27 Mar 02.
   Exhibit D.  Letter, SAF/MRBR, dated 5 Apr 02.