RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01605 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her official records be annotated to reflect her enrollment in the Post-Vietnam Era Veterans Educational Assistance Program (VEAP). Her educational benefits be changed to authorize and allow course completion by correspondence, distance learning, and on-line college courses with a renewed 10 years to complete courses. In the alternative, she be authorized to join a newer educational benefits program that will allow course completion by correspondence, distance learning, and on-line college courses with 10 years to complete the courses ________________________________________________________________ APPLICANT CONTENDS THAT: She was not advised when she enlisted or reenlisted that her educational benefits were under a test program (Section 901). She was not given an opportunity to cash in the Section 901 test program as the policy stated because she found out about it too late. Consequently, as the benefits changed, she was not able to change with the regular VEAP enrollees. After retirement, she could not use the benefits because the Section 901 program did not allow correspondence courses. She worked full-time and was on temporary duty (TDY) often and could not attend courses in-residence. She inquired several times about her benefits, in the 80’s; however, by the time her enrollment was confirmed she had already reenlisted and her new enlistment paperwork did not state any such educational benefits. In support of her appeal, the applicant submits a copy of her DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with her 31 May 02 separation; extracts of her education benefits from her military record, and letters of inquiry to the Department of Veterans Affairs (DVA). The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant was relieved from active duty, on 31 May 02, with a reason for separation of voluntary retirement: sufficient service for retirement. She was credited with 20 years, 7 months, and 5 day of active duty service. Section 901 is an Educational Assistance Test Program created by the Department of Defense Authorization Act of 1981 (Public Law 96-342) for individuals who entered on active duty after 30 Sep 80, and before 1 Oct 81 (or before 1 Oct 82, if entry was under a delayed enlistment contract signed between 20 Sep 80, and 1 Oct 81). The title "Section 901" identifies the part of Public Law (PL) 96-342 that provided for this education benefit. The program was funded by the Department of Defense (DoD) under chapter 107 of Title 10, United States Code (USC). No monetary contributions are required from the participant. The DVA administers the payments of benefits under an agreement with DoD. Section 901 is available to servicepersons and veterans. In addition, a serviceperson or veteran may transfer entitlement to a dependent spouse or child. 38 USC Chapter 32 - Post-Vietnam ERA Veterans Educational Assistance Program (VEAP), Section 3201 was authorized to provide educational assistance to those men and women who entered the Armed Forces after 31 Dec 76, and before 1 Jul 85 and provided that they shall have the right to enroll in the educational benefits program provided by this Chapter at any time during such person's service on active duty before 1 Jul 85. When a person enrolled in the program such person had to participate for at least 12 consecutive months before disenrolling or suspending participation. This voluntary program allowed individuals to establish education benefits by contributing money to an account. An individual could contribute a maximum $2700.00 and the government provided a maximum $5400.00 in matching funds. Allotment had to start before 1 Apr 87 and contribute a minimum of $25. ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPSIT recommends the applicant’s records be annotated to indicate enrollment in Section 901 Test Program. They recommend denial of her request to change her benefits to allow correspondence, distance learning, and online college courses and a renewed 10 years; however, they noted that this could not be done because of PL 96-342. As to the request to join a newer educational benefit program (GI Bill), the applicant is eligible for the Post 9/11 GI Bill; however, she will only have 5 years remaining on that benefit. As to the applicant’s request to cash in on the benefit, the applicant had ample opportunity after re-enlistment to find out about that benefit and apply for it. On 5 Nov 81, the applicant signed DD Form 2057, Contributory Educational Assistance Program Statement of Understanding, known as the Post-Vietnam Era Veteran's Educational Assistance Act of 1977 (VEA); at Lackland AFB during in-processing and indicated that she would like $25.00 deducted from her pay for a minimum of 12 consecutive months. From that period until May 85, when the applicant indicated that she wanted an allotment started for $25.00 for VEAP, there is a blank period on the paperwork. The complete AFPC/DPSIT evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 22 Jul 11 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ 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. Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice warranting partial relief. In that regard, we agree with the recommendation of the Air Force office of primary responsibility to correct the record to reflect the applicant’s enrollment in the Section 901 test program. We note the applicant is already eligible for the Post 9/11 GI Bill. In reaching our determination, we note the applicant’s stated request that her educational benefits be changed to authorize and allow course completion by correspondence, distance learning, and on-line college courses or that she be allowed to participate in a program that allows those benefits with 10 years to complete any courses. However, based on the requirements of PL 96-342, these corrections are not within the purview of this board. Therefore, in our view, the Air Force office of primary responsibility has conducted an adequate assessment of the issues presented by the applicant and we are in agreement with its opinion and recommendation that the applicant’s record be corrected as indicated below. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that at the time of her retirement, on 31 May 2002, she was enrolled in the Section 901 Test Program. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-01605 in Executive Session on 9 February 2012, 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 27 Apr 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIT, dated 30 Jun 11. Exhibit D. Letter, SAF/MRBR, dated 22 Jul 11.