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
Veterans 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 applicants 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 applicants 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 members 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 applicants 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 applicants 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
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