RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-01778
		INDEX CODE: 128.14
		COUNSEL:  NONE

		HEARING DESIRED:  NO

MANDATORY COMPLETION DATE:  8 NOVEMBER 2008

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APPLICANT REQUESTS THAT:

His DD Form 2336, Veteran's Educational Assistance Act of 1984 (GI Bill), completed and signed on 16 Jul 86 be amended to show that he enrolled in the GI Bill.

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APPLICANT CONTENDS THAT:

He signed the declination for the GI Bill before he started medical school.  He was told he did not need to sign up for the GI Bill because he would become a physician and could practice medicine after he completed his time in service.  However, to be promoted, he must assume administrative/leadership roles.  Over the past three years, he has barely seen enough patients to maintain a minimal proficiency.  With his upcoming assignments, he will have very little opportunity to practice the breadth and depth of his specialty (Occupational Medicine).  He is not able to resume a full, independent civilian practice as he could have three years ago.  He has made attempts to obtain an assignment that would improve his proficiency in his specialty; however, he was told that the needs of the Air Force dictate his assignments.  He wants to be prepared to work when he is discharged from military service.  The administrative duties he performs in his current position are not those performed by most providers in the civilian community.  Other providers have stated that they intend to work in an equivalent position upon retirement.  The majority of medical officers have stated they do not feel able to adequately maintain their clinical skills and feel comfortable resuming regular practice upon retirement.  He was ill advised and inadequately informed in 1986 when making a decision regarding the GI Bill.

In support of the application, the applicant submits a copy of his GI Bill.  The applicant's complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Information extracted from the Military Personnel Data System (MilPDS) indicates the applicant is a Chief, Medical Services, serving in the grade of lieutenant colonel, effective and with a date of rank of 19 May 2002.  His total active federal military service date is 19 May 1990.

The remaining 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 at Exhibit C.

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AIR FORCE EVALUATION:

HQ AFPC/DPPAT recommends denial.  DPPAT states Congress has allowed one "open enrollment" for those who declined MGIB participation.  The participation period to reverse a decision declining the MGIB was from 1 Dec 88 thru 30 Jun 89.  The applicant did not exercise this opportunity to reverse his decision.  Currently, there are no other provisions under 38 U.S.C, Chapter 30 that allow individuals to reverse their decision once they have declined MGIB participation.  

DPPAT states the applicant's request merits denial based on the Defense of XXXXX.  XXXXX denies relief to one who has unreasonably and inexcusably delayed in asserting a claim.  In this case, the declination statement took effect over 20 years ago.  The applicant's unreasonable delay has caused prejudice to the Air Force through fading of memories or lack of witnesses who can recall this specific event when the applicant elected to decline MGIB participation.  DPPAT concludes his unreasonable delay, regarding a matter dating back to 16 Jul 86, greatly complicates the ability to determine the merits of his position.

The complete DPPAT evaluation, with attachments, 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 the applicant on 31 Aug for review and comment within 30 days.  As of this date, this office has received no response (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 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 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 opinions and recommendations of the Air Force office of primary responsibility and adopt its 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 this application in Executive Session on 4 October 2007, under the provisions of AFI 36-2603:

			

The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2007-01778:

	Exhibit A.  DD Form 149, dated 30 May 07, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/ DPPAT, dated 30 Jul 07. 
	Exhibit D.  Letter, SAF/MRBR, dated 31 Aug 07.