RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2007-00826
								INDEX CODE:  100.00
	 				COUNSEL:  NONE

								HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  17 SEP 2008

________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show he elected to participate in the Veterans Educational Assistance Program (VEAP) and he be allowed to convert to the Montgomery GI Bill (MGIB) Program.

________________________________________________________________

APPLICANT CONTENDS THAT:

He should be able to enroll in VEAP because the statement of understanding on the first page of the DD Form 2057 that he signed, states he can enroll in the program at any time during his service on active duty.  He never received notice regarding VEAP enrollees converting to the MGIB.

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

________________________________________________________________

STATEMENT OF FACTS:

On 6 October 1982, the applicant acknowledged a statement of understanding via Part I of the DD Form 2057, Contributory Educational Assistance Program Statement of Understanding.  On 2 May 1983, he completed Part II of DD Form 2057, indicating he voluntarily would participate in the VEAP program by contributing $25.00 per month for a minimum of 12 consecutive months.  He contracted his initial enlistment in the Regular Air Force on 2 May 1983, for a term of four years, and was progressively promoted to the grade of master sergeant.

VEAP was enacted by Congress to provide a voluntary education benefit for Armed Services personnel entering active duty between 1 January 1977, and 30 June 1985.  The MGIB was enacted and became effective 1 July 1985.  Air Force guidance required all VEAP eligible personnel to hear a VEAP briefing at accession training, upon entry to active duty, one year thereafter, and at newcomer’s briefings subsequent to each permanent change of station (PCS) move.  Information was also provided on Leave and Earnings Statements (LES), at commanders’ calls, in daily bulletins, base newspapers, personal letters, and on demand at base education offices.  As required by PL 98-525 and PL 99-576, the Air Force conducted an aggressive publicity campaign and held mass briefings during 1985 through 1987 to inform non-participants of VEAP’s termination and that the last date to enroll was 3 March 1987.  Individuals desiring to take advantage of the program were told to start an allotment or make an initial deposit at the local accounting and finance office.  Congress later opened two windows of opportunity for VEAP participants to convert their benefits to the more lucrative MGIB.  The first, in 1996 through 1997, included VEAP participants with money in a VEAP account while the second, in 2001, allowed those having money or, at one time, had money in a VEAP account to convert.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAT recommends denial.  DPPAT states in part the applicant does not address any efforts on his behalf to commence the deductions other than claiming that the individual, who gave the VEAP briefing, said that a separate visit to finance would be required to open an account.  Many individuals chose not to participate until 1985 through 1987, when faced with the decision to participate in VEAP or have no post service education benefit.  There is no doubt the applicant had the same opportunity as everyone else to participate in VEAP.  No evidence was found to show he was ever enrolled in VEAP prior to the program being terminated.  The government utilized all available methods to ensure applicant was offered the opportunity to participate by opening a VEAP account.  Even if all monies were later withdrawn, the applicant would have been able to participate in the open enrollment Congress authorized.  He chose not to participate in VEAP by not making an initial deposit and therefore, would not qualify for either of the MGIB conversion windows.  Air Force policy and procedures relative to VEAP were more than adequate and provided equal opportunity for all VEAP-era individuals to make an informed enrollment decision.  The Air Force is not responsible for a personal decision made relative to a voluntary program, especially when that program was well known and regularly briefed to all eligible personnel.  In making a recommendation, the Law, as currently written allows only one decision, denial.  (Exhibit C)

The AFPC/DPPAT evaluation is at Exhibit B.

AFPC/JA recommends denial.  JA states in part, completing Part II of the VEAP enrollment form, only indicated intent to enroll in the program.  Airmen were also required to initiate an allotment and contribute from $25 to $2700 no later than 1 April 1987, to actually enroll in VEAP.  VEAP was non-interest bearing and a member received $2 for every $1 contributed in matching funds.  In addition to monthly allotments, an active duty member could also make a lump sum contribution to reach the maximum contribution allowed.  According to the DD Form 2057 and when the applicant entered active duty, an Airman was entitled to enroll at any time during service on active duty.  The law was amended in 1986.  Statutory eligibility required enrollment occur before 1 July 1985.  

A VEAP entitlement would have been created if the applicant completed the enrollment process before 1 July 1985 and participated in the program for at least 12 consecutive months.  Although he indicated that he elected to participate in the program via Part II of the DD Form 2057, the applicant never initiated an allotment to contribute.  As such, he was never enrolled in the program.  

No issue of error or injustice is presented by the applicant.  He did not take the steps necessary to enroll in VEAP in accordance with the statutory requirement.

The AFPC/JA evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 8 June 2007, for review and comment within 30 days.  As of this date, no response has been received by this office.

________________________________________________________________

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 error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force offices of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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 Docket Number BC-2007-00826 in Executive Session on 2 August 2007, under the provisions of AFI 36-2603:

				XXXXXXXXXX, Panel Chair
				XXXXXXXXXX, Member
				XXXXXXXXXX, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 12 Mar 07, w/atchs.
    Exhibit B.  Memo, AFPC/DPPAT, dated 25 Apr 07.
    Exhibit C.  Memo, AFPC/JA, dated 6 Jun 07.
    Exhibit D.  Letter, SAF/MRBR, dated 12 Jun 07.

                                   XXXXXXXXXX
                                   Panel Chair