RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-01774
		INDEX CODE:  100.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

She be allowed a second opportunity to enroll in the Montgomery GI Bill (MGIB).

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APPLICANT CONTENDS THAT:

She was given misleading information during her briefing.  She declined the opportunity to enroll in the MGIB because she was not aware it would pay for graduate studies.  She would now like to apply for MGIB benefits to pay for graduate studies.

Applicant's complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted from the applicant's military records, are contained in the letter prepared by the appropriate office of the Air Force which is attached at Exhibit C.

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AIR FORCE EVALUATION:

AFPC/DPPAT states that 38 USC Chapter 30, Montgomery GI Bill, allows an individual the opportunity to make a one-time election to disenroll from the program.  This decision is irrevocable.  The applicant sought relief through a waiver process but was denied on two occasions by AF/DPDEV and AF/DP.  Although the applicant may have been under the impression the MGIB could not be used for graduate studies, she presented no evidence of miscounseling or error by an Air Force representative.  Consideration for relief by waiver is granted to those who can provide compelling evidence of miscounseling.  A possible misunderstanding of the program is not considered grounds to correct a military record.  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:

Applicant reviewed the Air Force evaluation and states that she is not contending that this was a misunderstanding.  Rather, the incomplete and misleading information given during her briefing influenced her decision to decline the MGIB.

Applicant's complete response, with attachment, is attached at Exhibit E.

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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.	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 and adopt their rationale as the basis for the 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 this application in Executive Session on 14 August 2002, under the provisions of AFI 36-2603:

				Panel Chair
				Member
				Member

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 16 Jun 02, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPAT, dated 18 Jun 02.
	Exhibit D.	Letter, AFBCMR, dated 28 Jun 02.

					
					Panel Chair