RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-04227
            INDEX NUMBER:  110.00; 128.00
      XXXXXXX    COUNSEL:  None

      XXXXXXX    HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

In two separate DD Form 149s, applicant makes the following requests:

        a.  That  his  voluntary  retirement  be  revoked  and  he  be
reinstated to active duty.

        b.  His election not to participate in the Veterans’ Education
Assistance Program (VEAP) be voided and he be allowed to contribute to
the Montgomery GI Bill (MGIB).

_________________________________________________________________

APPLICANT CONTENDS THAT:

When he made his decision to voluntarily  retire,  he  was  undergoing
treatment for depression and due to the medication he was  taking  was
not able to fully understand the ramifications of  his  decision.   He
had recently retrained into a new career field that he was  struggling
to learn.  In hindsight, he should have requested that  he  be  placed
back in his original career field, rather than retiring to get out  of
his new career field.

In support of this request applicant provides a copy  of  his  medical
records documenting his treatment for depression.

He did not fully understand the ramifications of his decision  not  to
participate in VEAP.  He was immature and  did  not  fully  think  his
decision through although he was probably  briefed  by  the  education
counselor.

In support of this request, applicant provides a copy of his  election
form.

The applicant’s complete submissions, with attachments, are at Exhibit
A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered active duty in the Air Force on 23  Mar  83  and
was progressively promoted up to the grade of master  sergeant  (MSgt)
(E-7), serving in several different career fields.  A  resume  of  his
last ten enlisted performance reports (EPRs) follows:

      Closeout Date                     Overall Rating

        29 Sep 93                            5
        31 May 94                            5
        31 May 95                            4
        31 May 96                            5
        31 May 97                            5
        31 May 98                            5
        31 May 99                            4
        21 Mar 00                            5
        21 Mar 01                            4
        21 Mar 02                            3

On 10 Jun 02, the applicant requested voluntary  retirement  from  the
Air Force effective 1 Apr 03.  His request was approved and he retired
from the active Air Force effective  1  Apr  03  based  on  sufficient
service for retirement.

According to the applicant’s medical records as analyzed by  the  BCMR
Medical Consultant, the applicant was treated as  an  outpatient  from
the mid 1990’s for recurrent depression.  The records do not show  any
evidence of psychosis  or  thought  disorder  that  would  impair  his
ability to make decisions  and  understand  the  consequences  of  his
actions.  There was no requirement  for  hospitalization  or  referral
into the disability evaluation system.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAT recommends denial of the applicant’s request to  enroll  in
the  MGIB.   VEAP  was  a  voluntary  contributory  education  benefit
available to individuals entering active duty between 1 Jan 77 and  30
Jun 85.  The program was briefed at  various  forums  and  individuals
could also talk one-on-one with education counselors.  A  deadline  of
30 Jun 85 was established by law for opening  new  VEAP  accounts  and
later extended to 31 Mar 87.  An Air Force-wide  effort  was  made  to
contact and inform all individuals of the need to open a VEAP  account
should they desire any veteran’s education benefits.   Congress  later
opened two windows of opportunity for  VEAP  participants  to  convert
their benefits to the MGIB.  The applicant signed a  statement  on  13
Apr 85 acknowledging that he knew VEAP would end and that it would  be
necessary for him to open a VEAP account for the purpose  of  securing
any future veteran’s education benefits.  They  find  no  evidence  of
government error.

The complete evaluation is at Exhibit C.

The AFBCMR Medical Consultant recommends  denial  of  the  applicant’s
request for reinstatement to active duty.

The applicant voluntarily retired from active duty.  Documentation  in
the  service  medical  records   indicates   that   job   stress   and
dissatisfaction were significant factors contributing to his  decision
to retire.  Medical records indicate a history of recurrent depression
for several years prior to retirement treated with medication that did
not interfere with duty performance.  There  is  no  evidence  in  the
medical records that the applicant was legally incompetent  or  unable
to make informed career decisions and understand the  consequences  of
his choices.

The complete evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on
18 Jun 04 for review and comment within 30 days.  To date, a  response
has not been received.

_________________________________________________________________

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  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 offices of primary responsibility and adopt their  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.

_________________________________________________________________

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.

_________________________________________________________________

The following members of the Board considered Docket  Number  BC-2003-
04227 in Executive Session on 3 August 2004, under the  provisions  of
AFI 36-2603:

      Ms. Olga M. Crerar, Panel Chair
      Mr. John B. Hennessey, Member
      Mr. James W. Russell, III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 9 Dec 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPPAT, dated 11 Feb 04.
    Exhibit D.  Memorandum, BCMR Medical Consultant,
                dated 14 Jun 04.
    Exhibit E.  Letter, SAF/MRBR, dated 18 Jun 04.




                                   OLGA M. CRERAR
                                   Panel Chair