RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-02973 XXXXXXX COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ THE APPLICANT REQUESTS THAT: 1. His retirement date be corrected to reflect 10 Feb 94 rather than 19 May 92. 2. His DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with his 19 May 92 temporary retirement, Block 15a, Members Contributed to Post-Vietnam Era Veteran’s Educational Assistance Program, be changed from “NO” to “YES.” ________________________________________________________________ THE APPLICANT CONTENDS THAT: He contributed to the VEAP; however, due to a financial hardship he withdrew it. He was given a lot of erroneous information and told that he would be able to make a lump-sum payment before he separated. He has been appealing this issue through the Department of Veterans Affairs (DVA) and the Disabled American Veterans (DAV) organization for many years; to no avail. In support of his appeal, the applicant provides a personal statement; copies of his DD Form 214; retirement orders; DVA Rating Decision documents and various other supporting documents. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 19 May 92, the applicant was relieved from active duty and placed on the Temporary Disability Retired List (TDRL) with a compensable disability rating of 50 percent. On 10 Feb 94, the applicant’s name was removed from the TDRL and he was permanently disability retired with a compensable rating of 30 percent. ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPFD did not provide a recommendation to the Board. DPFD notes that when a member is removed from the TDRL, a new DD Form 214 is not issued since the time spent on the TDRL is not active duty service. Rather, a new order indicates the member’s final status. This order becomes a permanent part of the military personnel file and can be attached to the DD Form 214 reflecting the final disposition. In this case, the applicant was removed from the temporary retired list and permanently retired effective 10 Feb 94. The complete DPFD evaluation is at Exhibit C. AFPD/DPAPP recommends denial of the applicant’s request to change Block 15A to reflect “Yes.” Other than his recollection of withdrawing VEAP benefits, there is no way to confirm the action that initiated the VEAP transaction 29 years ago. It is reasonable to assume it was at the applicant's request despite the years it took the applicant to recognize and attempt to correct the alleged error. The applicant contends he enrolled in VEAP and subsequently withdrew the benefits when times got tough for personal reasons. Individuals seeking to add to their existing account, reestablish an account, or close an account, must complete a DD Form 2558, Authorization to Start, Stop, or Change an Allotment for Active Duty or Retired Personnel, at the base finance office. There is no form in member's records. The complete DPAPP evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: The applicant reiterated his original contentions, noting that he was miscounseled about the VEAP program. He has been pursuing this records correction process for 21 years; mostly between the DVA and DAV. In further support of his request, the applicant provides a personal statement and copies of various other documents associated his claim. The applicant‘s complete response, with attachments, is at Exhibit F. ________________________________________________________________ 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 error or injustice to warrant changing his retirement date to 10 Feb 94 or to change his DD Form 214 Block 15a to reflect “YES.” We took notice of the applicant's complete submission in judging the merits of the case, to include his rebuttal to the Air Force evaluations; however, we do not find the evidence presented sufficient to override the rationale provided by the Air Force Offices of Primary Responsibility (OPRs). Therefore, we agree with the opinions of the Air Force OPRs and adopt the rationale expressed as the basis for our conclusion the applicant has failed to sustain his burden of proof that he has been the victim of an error or injustice. Absent evidence that he was denied rights to which he was entitled, we find no basis to recommend granting the relief sought in this application. 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. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-02973 in Executive Session on 15 Apr 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-02973 was considered: Exhibit A. DD Form 149, dated 15 Jun 13, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPFD, dated 30 Jul 13. Exhibit D. Letter, AFPC/DPPAT, dated 1 Aug 13. Exhibit E. Letter, SAF/MRBC, dated 23 Aug 13. Exhibit F. Letter, Applicant, dated 15 Sep 13, w/atchs. Panel Chair