RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-02497
		INDEX CODE:  100.00
		COUNSEL:  NONE

		HEARING DESIRED:  YES
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APPLICANT REQUESTS THAT:

His records be corrected to reflect enrollment in the Montgomery GI Bill (MGIB).
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APPLICANT CONTENDS THAT:

He completed in-processing with approximately 300 classmates beginning internships and residencies.  He declined the MGIB based on what he now knows to be erroneous information that he received during his in-processing briefings.  He was led to believe that the GI Bill was not worthwhile because his formal education had already been completed.  He was under the impression that in order to use the MGIB he had to be in a degree producing program at a university or community college.  He was instructed to indicate on a form acceptance or declination and to sign the form and return it to the Military Personnel Flight (MPF).  There was no opportunity to ask questions or request clarification on any part of the briefing.  He had no reason to believe that the information provided was inadequate or erroneous.  

He was recently urged by an Army colleague to make sure that he was enrolled in the MGIB.  His colleague was using the MGIB to help him with his surgery fellowship.  His colleague learned he could use the MGIB for fellowship during his last year on active duty and was able to receive the benefit by paying the full amount in one lump sum.  His colleague had also declined the MGIB based on erroneous information he received during his in-processing.

He would like to further his medical education.  He is concerned the Air Force is not adequately informing Airmen about the more non-traditional avenues in which the MGIB can assist them further in their education.  He is willing to pay for the MGIB in full upon approval of his application.

In support of the application, the applicant submits his personal statement and four affidavits.

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) reveals the applicant’s Total Active Federal Commissioned Service Date (TAFCSD) as 8 Jun 00.  He was promoted to the grade of major effective and with a date of rank of 23 Jan 05.  He is currently serving as Chief, Dermatology Element.

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/DPSIT recommends denial.  DPSIT states 38 U.S.C. Chapter 30 prohibits reversal of the MGIB.  In addition, it stipulates that all MGIB-eligible individuals are enrolled in the MGIB upon entering active duty and are given a one-time election to opt out of the program.  The enrollment decision is normally made within two weeks of entering active duty and is confirmed when an individual signs the appropriate blocks of a DD Form 2366, Montgomery MGIB Act of 1984.  

On 20 Jun 00, the applicant signed the DD Form 2366 indicating he did not wish to participate in the MGIB program with the understanding that he would not be able to enroll at a later date.  

DPSIT states newly commissioned medical officers assigned to Wilford Hall attend a briefing tailored to their needs.  They have at least two days to consider the program before returning for a review of the benefits and making the enrollment election.  The MPF is not a part of this process as it is managed by Lackland AFB Education Office staff.  The briefing includes general information on medical training and education opportunities; the officers are referred to the Dept of Veterans Affairs for additional information.  

The complete DPSIT 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 the applicant on 5 Oct 07 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 timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  In this respect, applicant acknowledges that he declined participation in the MGIB program; however he states his declination was based on misinformation that he was provided.  Notwithstanding the position of the Air Force office of primary responsibility, we do not find the applicant's assertion that he was miscounseled unreasonable to believe.  In this respect, it appears that based on his particular circumstances, had he been properly advised on the benefits and uses of the MGIB program, he would have had everything to gain and nothing to lose by participating in the program and we find no rational basis as to why he would have declined to participate.  Accordingly, it is our opinion that he has established reasonable doubt in this matter and we believe the benefit of any doubt should be resolved in his favor.  Therefore, we recommend his records be corrected as indicated below.

4.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue involved.  Therefore, the request for a hearing is not favorably considered.

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THE BOARD DETERMINES THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 20 June 2000, he elected to participate in the Montgomery GI Bill.

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The following members of the Board considered this application in Executive Session on 21 Dec 07, under the provisions of AFI 36-2603:

The following documentary evidence was considered in AFBCMR BC-2007-02497:

    Exhibit A.  DD Form 149, dated 26 Jul 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPSIT, dated 21 Sep 07.
    Exhibit D.  Letter, SAF/MRBR, dated 5 Oct 07.