RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00497
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His DD Form 214, Certificate of Release or Discharge from Active
Duty, be changed to reflect that he contributed to the Post-
Vietnam Era Veterans Education Program (VEAP).
APPLICANT CONTENDS THAT:
He paid into VEAP and should be enrolled.
The applicants complete submission, with attachment, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on
27 Aug 86.
On 19 Jan 08, the applicant retired, and was credited with
21 years, 4 months, and 22 days of active service.
The remaining relevant facts pertaining to this application are
contained in the memorandum prepared by the Air Force office of
primary responsibility (OPR), which is attached at Exhibit C.
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial indicating there is no evidence of
an error or an injustice. VEAP was enacted by Congress to
provide a veterans education benefit for individuals entering
active duty between 1 Jan 77 and 30 Jun 85. VEAP was a
voluntary program. To enroll and participate, Air Force members
are required to start an allotment or make a deposit at the
local accounting and finance office between 1 Jan 77 and
31 Mar 87. Public Law 99-579 prohibited any new enrollments
after 31 Mar 87. VEAP participants could only stop, restart,
increase, or decrease their allotment while on active duty.
Participants could also receive a refund of unused money.
The applicant contends he enrolled in VEAP, but did not submit
any evidence to support his contention. However, the record
indicates the applicant did sign up for the Montgomery GI Bill
on 8 Sep 86 and contributed $1200. It appears the member has
confused the educational program he signed up with VEAP. He did
not enroll in VEAP so no correction is warranted.
A complete copy of the AFPC/DPSIT 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 28 Jul 14 for review and comment within 30 days
(Exhibit D). As of this date, no response has been received by
this office.
FINDINGS AND CONCLUSIONS OF THE BOARD:
After careful consideration of applicants request and the
available evidence of record, we find the application untimely.
Applicant did not file within three years after the alleged
error or injustice was discovered as required by Title 10,
United States Code, Section 1552 and Air Force Instruction
36-2603. Applicant has not shown a plausible reason for the
delay in filing, and we are not persuaded that the record raises
issues of error or injustice which require resolution on the
merits. Thus, we cannot conclude it would be in the interest of
justice to excuse the applicants failure to file in a timely
manner.
THE BOARD DETERMINES THAT:
The application was not timely filed and it would not be in the
interest of justice to waive the untimeliness. It is the
decision of the Board, therefore, to reject the application as
untimely.
The following members of the Board considered AFBCMR Docket
Number BC-2014-00497 in Executive Session on 22 Jan 15 under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2014-00497 was considered:
Exhibit A. DD Form 149, dated 30 Jan 14, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSIT, dated 13 Feb 14.
Exhibit D. Letter, SAF/MRBR, dated 28 Jul 14.
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