RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00623
		INDEX CODE:  100.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

She be enrolled in the Montgomery GI Bill (MGIB).

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APPLICANT CONTENDS THAT:

Her original DD Form 2366 indicated she waived her GI Bill benefits because she graduated under scholarship.  She never would have signed away her benefits knowingly.  When she accepted the Professional Officer Corps Incentive (POCI) scholarship in 1993, she was never informed she would subsequently be giving up her MGIB benefits.  She was later informed officers were not eligible for GI Bill benefits.  She received a total of $2,000.00 in POCI funds, including her graduating semester, which is under the $3,400.00 minimum stipulated for Category I eligibility in light of her discovery that she may be eligible for the MGIB.  She would wholeheartedly like to enroll in the MGIB program.

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

On 3 September 1993, the applicant signed an AF Form 1056, Air Force Reserve Officer Training Corps (AFROTC) Contract.

On 13 May 1994, the applicant was commissioned in the Air Force Reserves and entered extended active duty on that date in the grade of first lieutenant.  The applicant was promoted to the grade of captain effective and with a date of rank of 19 August 1998. 

On 13 May 1994, the applicant signed a Statement of Benefits and Willingness/Intent to Honor Obligations, AFROTC Form 109.  The statement indicated she received $2,000.00 for tuition and a book allowance.

On 13 December 1994, the applicant signed a DD Form 2366, Montgomery GI Bill contract.

Prior to 1 October 1996, 38 USC, Chapter 30, Section 3011, excluded from MGIB eligibility any cadet who received any ROTC scholarship funds during a term at the end of which he or she graduated and accepted a commission.  Congress amended the law in 1996 and again in 2001 (PLs 104-201 and 107-103) to allow ROTC cadets (who received no more than $3,400.00 in any year) the opportunity to participate in the MGIB.  The applicant contracted with AFROTC and received approximately $2,000.00 during her senior year in 1993 through 1994.

On 15 December 2003, the applicant was honorably released and transferred to the inactive Air Force Reserves.

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AIR FORCE EVALUATION:

Prior to October 1996, all cadets who received any ROTC funding were ineligible for the MGIB.  They know of no requirement in 1993-1994, to brief cadets that acceptance of ROTC funds may make them ineligible for the MGIB.  Any discussion of the MGIB was informal or at the discretion of the ROTC Detachment staff.  They attempted to contact individuals assigned to the detachment during the year in question and talked with one individual who was not aware of any MGIB briefings.

The purpose of the MGIB legislation includes support for individuals seeking higher education and “who might not otherwise afford such an education.”  ROTC scholarship assistance also seeks to satisfy this goal by providing assistance to deserving individuals.  Congress purposely made ROTC graduates ineligible for the MGIB in its effort to prevent individuals from receiving “double” benefits.

If the Board grants relief, they recommend the applicant repay the monies received in ROTC.

The evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and indicated if there is no requirement to brief cadets on the documents they sign, then this practice should be amended as the Air Force is taking advantage of college students in order to maintain recruiting numbers.  This goes against the core values of the organization itself.  This was the first year of the POCI money and there was no discussion of this being included as a true scholarship.  She fully understands the purpose of the double benefit issue; however, this is not the case in her scenario.  The only money she received, from AFROTC was $2,000.00  If she had known she was forfeiting her benefits to MGIB, she never would have accepted the $1,000.00 during her graduating semester.

She further indicates if she received scholarship monies she would have received between $6,000.00 and $12,000.00 per year.  She was only on contract for her final year of four years of ROTC service.  She entered ROTC in order to serve her country, and did honorably for nine years.  She understands Congress made ROTC cadets “on scholarship” ineligible for these benefits.  She was not on scholarship, but a recipient of incentive monies.  She served faithfully and honorably for four years of ROTC, while receiving no money until the end, and served her country for nine years in various positions.  She has no reservations about repaying the monies in order to enroll in the MGIB.

Applicant’s response is 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 an 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 our conclusion that the applicant has not been the victim of an error or an injustice.  In 1994, the applicant a senior in the AFROTC program received funding from the Air Force for educational assistance.  Prior to 1 October 1996, 38 USC Chapter 30, Section 3011, excluded any cadet from the MGIB who received any ROTC funding during a term at the end of which he or she graduated and accepted a commission.  The applicant contracted with AFROTC and received approximately $2000 during her senior year (1993-1994), thus making her ineligible for the MGIB.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of an error or an 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 BC-2004-00623 in Executive Session on 12 May 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 4 March 2003, w/atchs.
   Exhibit B.  Military Personnel Records.
   Exhibit C.  Letter, AFPC/DPPAT, dated 25 March 2004.
   Exhibit D.  Letter, SAF/MRBR, dated 2 April 2004.
   Exhibit E.  Letter, Applicant, dated 1 may 2004.