RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-03761
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 11 JUNE 2006
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect enrollment in the Veterans Education
Assistance Program (VEAP) and the Montgomery GI Bill (MGIB).
_________________________________________________________________
APPLICANT CONTENDS THAT:
Professional advice was not made available in the form of career counseling
to instruct him on the benefits of the VEAP and he did not get enrolled.
It would have been very easy to brief the airmen on the benefits of the
program and what this was gong to do for them at retirement. He was told
of the program in 1999 and could not participate due to not getting
involved by the deadline and the door was closed forever. He will be
retiring in the next 3-7 years and would like to get his college education.
He feels after 20 plus years of military service, he should have something
in the form of educational benefits. At this point he has nothing for
educational benefits to look forward to when he retires and this is a heavy
burden. If he were allowed today to invest $2700 into VEAP he would
definitely do so.
In support of his request, applicant provided a copy of his DD Form 2057.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted his initial enlistment in the Regular Air Force on
March 1982. He has been progressively promoted to the grade of master
sergeant, having assumed that grade effective and with a date of rank of 1
Apr 00.
_______________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPAT recommended denial. The applicant does not offer evidence in
support of the claim as required by AFI 36-2603, Air Force for Correction
of Military Records, and AFP 36-2607, Applicant's Guide to the Air Force
Board for Correction of Military Records (AFBCMR).
The applicant did not participate in VEAP, therefore, does not qualify
under the law to participate in VEAP or convert to the MGIB under the
current statues. We find Air Force policy and procedures relative to VEAP
were more than adequate and provided equal opportunity for all VEAP-era
individuals to be made aware of VEAP and make informed enrollment
decisions.
AFPC/DPPAT complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 14
January 2005 for review and comment within 30 days. As of this date, this
office has received no response.
_________________________________________________________________
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 find no evidence of an error in this
case and after careful consideration of the evidence presented, we are not
persuaded that he has been the victim of an injustice. We agree with the
opinions and recommendation of the Air Force office of primary
responsibility and adopt its rationale as the basis for our conclusion that
the applicant has failed to sustain his burden of having suffered either 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-2004-03761
in Executive Session on 6 April 2005, under the provisions of AFI 36-2603:
Ms. Cathlynn B. Sparks, Panel Chair
Mr. Terry L. Scott, Member
Mr. Patrick C. Daugherty, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 3 Nov 05, w/atchs.
Exhibit B. Applicant’s Master Personnel Records.
Exhibit C. Letter, AFPC/DPPAT, dated 29 Dec 04.
Exhibit D. Letter, SAF/MRBR, dated 14 Jan 05.
CATHLYNN B. SPARKS
Panel Chair
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