RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-04010
		INDEX CODE:  100.00
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be allowed to contribute a lump sum of $2,700 to the Veterans Education Assistance Program (VEAP), his VEAP account reflect activity beginning in 1982, and he be granted an opportunity to rollover from VEAP to the Montgomery GI Bill (MGIB).

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APPLICANT CONTENDS THAT:

On 2 Jun 82, he completed a DD Form 2057, Contributory Educational Assistance Program - Statement of Understanding, requesting to have $25 per month withdrawn from his military pay as contribution to the VEAP program.  He was assigned to a geographically separated unit from September 1996 through June 2000 and received no notification of the conversion from VEAP to MGIB program.  There was also a second round of VEAP conversions sometime in 2000.  He did not learn of the conversions until January 2002.  He was then informed that he had no money in a VEAP account and was therefore not notified of the conversion.  His account should have reached the maximum contribution in 1990.  

A $25 monthly contribution is a very minimal fee.  He was never concerned about the monies because he planned to make the military a career from day one.  He always concentrated on the mission and assumed his educational opportunities were secure for him since he made contributions earlier.  

In support of his request, applicant provided a copy of his DD Form 2057.

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STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force on 21 May 82.  He has been progressively promoted to the grade of master sergeant, having assumed that grade effective and with a date of rank of 1 Apr 00.  He currently has a projected retirement date of 31 Jul 03.

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AIR FORCE EVALUATION:

AFPC/DPPAT recommends denial.  DPPAT states that individuals entering active duty during the VEAP era completed a DD Form 2057 after receiving a VEAP briefing at basic military training.  The briefing included general information regarding the program.  Signing the DD Form 2057 was a confirmation of the briefing, and it did not constitute enrollment in VEAP.  Trainees were told that they were not enrolling at that time and enrollment meant going to a base Accounting and Finance Office and starting an allotment or making a deposit.  Individuals were also required to attend VEAP briefings at each new duty station, which included information on how to participate in the program.  The applicant attended the VEAP briefing as evidenced by his signature on the DD Form 2057, which included statements that signing the DD Form 2057 was a confirmation of the briefing and that it did not constitute enrollment in VEAP.  He was required to attend two mandatory newcomers briefings, plus the briefing related to the end of VEAP.  There is no evidence that he was unaware of the program requirement. He would have seen VEAP articles in base newspapers, and attended commander's calls where the subject was discussed.  He would have also noticed his Leave and Earnings Statement (LES) never included a VEAP allotment.  His actions during the conversion window do not reveal his conversion intent.  Although he may not have known about the first opportunity because of his duty location, he most likely would have had some knowledge of the publicity, commander's calls, and informal discussions concerning the second conversion window.  DPPAT wonders how a young airman basic with a 1982 gross monthly salary of $573.50 would not know of a $25 monthly allotment.  At some point during the nine years (at $25 a month) it would take to pay the $2,700 maximum for VEAP, such an individual would review his or her LES and notice the absence of the allotment.  

There is no indication that the Air Force erred by not informing the applicant of the program or its enrollment requirements.  On the contrary, program information was made available on a regular basis.  The absence of a VEAP allotment on an LES would certainly indicate to the applicant that he was not a participant.  There was no error regarding the conversion windows since the program was widely publicized throughout DoD.  Granting the applicant's request will not guarantee the Department of Veterans Affairs (DVA) will award VEAP or MGIB benefits since the applicant did not establish a VEAP account before 1 Mar 87.

The DPPAT evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 31 Jan 03 for review and comment within 30 days.  As of this date, this office has received no response.

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  In support of his appeal, the applicant provided a copy of a Statement of Understanding pertaining to the VEAP program, which was completed during his military entrance processing.  In Part II of the Statement of Understanding, the applicant indicated his election to participate in the VEAP program by contributing $25 per month from his military pay.  The applicant contends that since he completed the appropriate paperwork, it was his assumption that appropriate deductions were withdrawn.  Notwithstanding the Air Force's position with respect to his contentions, it is our opinion that the applicant has demonstrated that reasonable doubt exists as to whether or not an injustice has occurred.  Accordingly, it is our opinion that any doubt in this matter should be resolved in favor of the applicant.  Therefore we recommend that his records be corrected as indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, contingent upon his payment of the required minimum contribution, be corrected to show that:

	a.  On 29 December 1981, he elected to participate in the Veterans Education Assistance Program (VEAP).

	b.  On 10 October 1996, he elected to convert his VEAP benefits to the Montgomery GI Bill program. 
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The following members of the Board considered Docket Number BC-2002-00410 in Executive Session on 29 May 03, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 26 Nov 02, w/atchs.
    Exhibit B.  Letter, AFPC/DPPAT, dated 15 Jan 03.
    Exhibit C.  Letter, SAF/MRBR, dated 31 Jan 03.

AFBCMR BC-2002-04010

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to [applicant], contingent upon his payment of the required minimum contribution, be corrected to show that:

		a.  On 29 December 1981, he elected to participate in the Veterans Education Assistance Program (VEAP).

		b.  On 10 October 1996, he elected to convert his VEAP benefits to the Montgomery GI Bill program.