RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04523
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be corrected to reflect that he was released from active duty on 22 Oct 64, instead of 22 May 64.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was released from active duty 74 days prior to attaining eligibility for benefits as a Vietnam Veteran. Due to his age and current disabilities, as a Vietnam Veteran, he would be entitled to receive disability compensation. Therefore, it is imperative to change his release date to qualify as a Vietnam Veteran.
The applicants complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant military personnel records indicate he was commissioned in the Regular Air Force on 22 Oct 61.
On 23 Jan 64, according to documentation submitted by the applicant, he requested to be released from active duty to attend school.
On 26 Feb 64, the Secretary of the Air Force approved the applicants request, effective 22 May 64.
On 22 May 64, the applicant was honorably discharged and was credited with two years, seven months, and one day of active service.
According to the United States Department of Veterans Affairs, the United States military involvement in the Vietnam War began in August 1964 and lasted until May 1975.
The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility, which is attached at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIPV recommends denial indicating there is no evidence of an error or an injustice. On 23 Jan 64, the applicant submitted a request for early separation to attend dental school. His request was approved on 26 Feb 64 for a separation date of 22 May 64. Therefore, the applicants request for additional service credit solely to obtain veteran medical benefits as a Vietnam Veteran should be denied.
A complete copy of the AFPC/DPSIPV evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant argues that although he has been receiving medical care benefits from the VA for the past 25 years; his claim for benefits was disapproved after almost three years since he is not considered a Vietnam Veteran. He has a special kinship to a few friends who were killed in action, so it is far from the truth that he solely wants to be considered as a Vietnam Veteran for benefits. If his request is approved to reflect his original date of separation, he will receive VA benefits/ pension. He and his spouse are experiencing a financial hardship and without this benefit, they will be unable to sustain a living.
The applicants complete submission is at Exhibit E.
________________________________________________________________
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 an error or injustice. We took notice of the applicant's complete submission, to include his rebuttal, in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. While we are not unmindful or unappreciative of his service to his Nation, the applicant has presented no evidence of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application.
________________________________________________________________
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-2013-04523 in Executive Session on 19 Jun 14, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 Sep 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records
Exhibit C. Letter, AFPC/DPSIPV, dated 24 Jan 14.
Exhibit D. Letter, SAF/MRBR, dated 4 Mar 14.
Exhibit E. Letter, Applicant, dated 8 Mar 14.
Panel Chair
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