RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00802
		INDEX CODE:  110.02

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

Her narrative reason for separation be changed for the purpose of qualifying for Montgomery GI Bill (MGIB) benefits under Category III and Category IV.
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APPLICANT CONTENDS THAT:

The Department of Veterans Affairs (DVA) denied her request for MGIB benefits due to the reason for her separation.

She believes she is entitled to receive her GI benefits because her pay was reduced by $100 a month for 12 months and her discharge was honorable.  She separated with the intention of going to college while utilizing her GI Bill.  She would not have separated if she knew that she was not entitled to the benefits.

In support of her request, the applicant submits a personal statement, a copy of her DD Form 214 and a copy of her DD Form 293 (Application for the Review of Discharge or Dismissal from the Armed Forces of the United States).  The applicant’s complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

Applicant contracted her enlistment in the Regular Air Force on 14 September 1995 in the grade of airman first class (E-3) for a period of four years.  On 28 September 1995, she signed DD Form 2366, Montgomery GI Bill Act of 1984 (MGIB), for enrollment in the MGIB program.

The applicant was released from active duty on 30 December 1997 and transferred to the Air Force Reserve under the provisions of AFI-36-3208 (Interdepartmental Transfer).  She had completed a total of 2 years, 3 months and 17 days of active service and was serving in the grade of E-3 at the time of separation.  On 23 February 2003, the applicant was relieved from the Obligated Reserve Section (ORS) and honorably discharged from the Air Force Reserve.
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AIR FORCE EVALUATION:

HQ AFPC/DPPAT recommends the application be denied.  DPPAT states that the applicant was honorably separated after serving 27 months and 17 days of active duty.  The law allows the Department of Veterans Affairs (DVA) to award benefits if an individual leaves active duty after 24 months and affiliates with the Selected Reserve for at least four years.  The Air Force requires the individual to work with a recruiter to seek affiliation with the Selected Reserve (SELRES) within one year of the separation.  At the time the applicant separated from active duty, there was no available SELRES position in her Air Force Specialty Code (AFSC), or another in which she could retrain, so she accepted the Individual Ready Reserve (IRR) assignment.  DPPAT found no record of the applicant ever affiliating with the SELRES.  The DVA may also award month-to-month benefits (Category III eligibility) for service less than 30 months if the individual separates for disability, hardship, reduction in force, or other involuntary separation reason.  Category IV applies only to certain individuals who first entered active duty between 1 January 1977 and 30 June 1985 and participated in a conversion opportunity; the DVA cannot qualify the applicant as a Category IV participant.

DPPAT states that the applicant did not meet the legal requirement for receiving MGIB benefits nor did she seek the affiliation that would allow her to qualify for the benefits.  If her separation reason is changed to one allowing benefits for service of less than 30 months, the applicant may reapply for benefits.   The HQ AFPC/DPPAT evaluation is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 23 May 2003 for review and response.  As of this date, no response has been received by this office (Exhibit D).
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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 office of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain her burden that she has suffered either an error or an injustice.  Additionally, even though there may not have been an immediate position available with the Selected Reserve (SELRES), no evidence has been presented showing the applicant made any attempts to work with a recruiter to find a position within one year of her separation.  In view of the above and absent 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 Docket Number BC-2003-00802 in Executive Session on 31 July 2003, under the provisions of AFI 36-2603:

	            Panel Chair
	            Member
	            Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 14 Mar 03, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPAT, dated 13 May 03.
   Exhibit D.  Letter, SAF/MRBR, dated 23 May 03.

                                   
                                   Acting Panel Chair