RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-03752

						COUNSEL:  NONE

HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

1.  His records be corrected to reflect he is eligible for the Montgomery GI Bill.

2.  His DD Form 214, Certificate of Release or Discharge from Active Duty, block 15a, Member Contributed to Post-Vietnam Era Veterans’ Educational Assistance Program, be amended to reflect “yes” rather than “no.”

APPLICANT CONTENDS THAT:

He had the payments for the Montgomery GI Bill deducted from his pay. 

His DD Form 214, block 15a was erroneously marked “no” and he did not catch the error when reviewing the form during his out-processing.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 19 May 77, the applicant graduated from the United States Air Force Academy (USAFA) and was appointed a second lieutenant in the Regular Air Force on 1 Jun 77.

On 18 Mar 85, the applicant acknowledged his eligibility to participate in the Veterans Education Assistance Program (VEAP).  He also acknowledged that he had to enroll and begin contributions prior to 1 Jul 85 or become ineligible.

On 1 Aug 00, the applicant retired with 23 years and 2 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/DP3SA recommends denial, indicating the applicant does not provide sufficient evidence of an error or an injustice on the part of the Air Force.  There is no record he contributed to VEAP.  In addition, graduates of the USAFA are not eligible for the MGIB under the provisions of Title 38, United States Code, chapter 30, subsection 3011(b)(2).

A complete copy of the AFPC/DP3SA evaluation, with attachments, is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He completed the form to have the contributions deducted from his pay.  The local finance office accepted the form and $100.00 of pay was taken from his pay for 12 months.  He did not keep a copy of the allotment form but asks that his finance records be reviewed for confirmation of his MGIB payments.

The applicant’s completed response is at Exhibit E.

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 that he 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.  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 RECOMMENDS THAT:

The applicant be informed the application was not timely filed and it would not be in the interest of justice to waive the untimeliness.  It is the recommendation of the Board, therefore, to reject the application as untimely.

The following members of the Board considered AFBCMR Docket Number BC-2016-03752 in Executive Session on 12 Apr 18, under the provisions of AFI 36-2603, Air Force Board for Correction of Military Records:

		, Panel Chair
		, Panel Member
		, Panel Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-03752 was considered:

	Exhibit A.  DD Form 149, dated 12 Sep 16.
	Exhibit B.  Excerpts from Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SA, dated 6 Jul 17, w/atchs.
	Exhibit D.  Letter, AFBCMR, dated 26 Sep 17.
	Exhibit E.  Letter, Applicant, dated 19 Oct 17.

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