RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER:  BC-2016-01348

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

Her DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect she did contribute to Post-Vietnam War Era Veterans Educational Assistance Program (VEAP).

APPLICANT CONTENDS THAT:

She completed the DD Form 2366, Montgomery GI Bill (MGIB) Act of 1984, upon entering the Air Force in 1998, and elected to contribute to the MGIB.  She did not notice the discrepancy when she separated, but recently discovered the error while gathering documents prior to attending a graduate school open house.

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

On 6 Apr 98, the applicant initially entered the Regular Air Force.

On 15 Apr 98, the applicant elected to participate in the MGIB and signed the DD Form 2366, documenting her election.

On 31 Jan 09, the applicant was furnished an Honorable Discharge, and was credited with 10 years, 9 months, and 26 days of active service.

The applicant is currently serving in the Air Force Reserve.

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility, which is attached at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP3SA recommends denial indicating there is no evidence of an error or injustice.

In accordance with 38 USC Chapter 32, members are eligible for VEAP if entry into the service was between 1 Jan 77 and 30 Jun 85.  The applicant was not eligible for VEAP upon entering the Air Force on 6 Apr 98, and there is no record the applicant elected and contributed to VEAP.  The applicant did elect and contribute to the MGIB.

A complete copy of the AFPC/DP3SA 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 7 Dec 16 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:

Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After a careful review of the applicant's contentions, documentation submitted in support of the request, and the available evidence of record, we are not convinced the applicant has provided sufficient evidence for us to conclude she is the victim of an error or injustice.  We also note the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552 and Air Force Instruction 36-2603.  While the applicant claims a date of discovery of less than three years prior to receipt of the application, we believe a reasonable date of discovery was more than three years prior to receipt of the application.  Therefore, because we do not find it would be in the interest of justice to recommend granting relief, and the applicant has offered no plausible reason for the delay in filing the application, we cannot conclude it would be in the interest of justice to excuse the failure to timely file the application.  Accordingly, we find the application untimely.

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-2016-01348 in Executive Session on 27 Jul 17 under the provisions of AFI 36-2603:

Panel Chair
Member
Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-01348 was considered:

	Exhibit A.  DD Form 149, dated 27 Mar 16, w/atchs.
	Exhibit B.  Excerpt from Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SA, dated 10 Nov 16, w/atchs.
	Exhibit D.  Letter, AFBCMR, dated 7 Dec 16, w/atch.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified a quorum was present at the Board's review and deliberations regarding AFBCMR Docket Number BC-2016-01348, and the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.