I need some savvy interpretation skills to help me out. I'm trying to pursue flight training under Chapter 31. I found an accredited program that requires flight time, but I don't already have a private pilot license. The counselor is saying I need a private license first, but has yet to produce a reg that states otherwise.
So far I've found these regs:
According to 21-134 flight training is authorized as long as it's part of a degree requirement, everything else should be the same as Chapter 30. Then 21-4235 says you can get the private as long as it's a degree requirement.
The only documentation that the counselor has given to support what they are saying is the M28. Apparently this is their operations manual.
M28R, Part V, Section A, Chapter1
Page 1-40 of that section details flight training. They say that they can't approve flight training unless the veteran already has a private pilot license, and they reference 21-4235(a)(1) but they completely leave out the paragraph (f) exemption.
How can they just pick and choose what part of the law they want to include? This would be like a 12 year old making a case that they can legally drink alcohol because alcohol is legal, all you have to do is leave out that little tid bit about there being an age requirement and voila!!! I have been assuming this whole time that my plan will get denied and I'll have to appeal. I'm looking to get the opinion of someone who knows this kind of stuff, what do you think the odds are for winning an appeal in this scenario? Any help would be amazing!!!