RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-01012 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected as indicated below: 1. Block 15a, Member Contributed to Post-Vietnam Era Veterans’ Educational Assistance Program, to read “yes” rather than “no.” 2. Block 18, Remarks, be amended to include the statement, “Member served in support of Operation DESERT SHIELD/DESERT STORM 2 Aug 90 to 31 Aug 95 and subject to recall by Secretary of the Air Force.” _________________________________________________________________ APPLICANT CONTENDS THAT: Her DD Form 214 reflects she did not contribute to the Post- Vietnam Veterans’ Education Assistance Program (VEAP); however, the DD Form 2057, Contributory Educational Assistance Program Statement of Understanding, reflects otherwise. Also, the verbiage reflecting she served in support of Operation DESERT SHIELD/DESERT STORM and was subject to recall by the Secretary of the Air Force (SAF) was omitted from the remarks section of her DD Form 214. In support of her request, the applicant provides a copy of her DD Form 214, DD Form 2057, AF Form 910, Enlisted Performance Report (AB thru TSGT), Special Order G-36, and Special Order GA- 14. The applicant’s complete submission, with attachment, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The VEAP was enacted by Congress (Title 38 United States Code, Chapter 32) to provide a veteran's education benefit for individuals entering active duty between 1 Jan 77 and 30 Jun 85. The VEAP was a voluntary program that offered a maximum $8100 benefit to the participants. To enroll and participate, officers and airmen were required to start an allotment or make a deposit at the local Accounting and Finance Office (AFO) sometime between 1 Jan 77 and 31 Mar 87. The minimum amount was $25 and all VEAP contributions were reflected on a leave and earnings statement and on quarterly VEAP statements. Public Law (PL) 99-576 amended Chapter 32 by prohibiting any new enrollments after 31 Mar 87. Participants in VEAP could stop, restart, increase, and decrease the allotment only while serving on active duty. They could also receive a refund of unused money. Individuals entering active duty during the VEAP era completed a DD Form 2057, Contributory Educational Assistance Program--Statement of Understanding, after receiving a VEAP briefing at Officer Training School (OTS) or Basic Military Training. The briefing included general information on program requirements and benefits. Signing the DD Form 2057 was a confirmation of the briefing but it did not constitute enrollment in VEAP. Trainees were told that to enroll in VEAP meant going to the local base AFO and starting an allotment or making a deposit. Individuals were also required to attend VEAP briefings at each new duty station; the briefings included information on how to participate in the program. On 7 Jul 82, the applicant contracted her initial enlistment in the Regular Air Force. On 19 Jan 82, the applicant completed the DD Form 2057, which informed her of criteria for participation in the VEAP. The applicant’s performance report for the period 3 Jan 91 through 2 Jan 92 reflects she deployed to England in support of Operation DESERT STORM. According to the applicant’s DD Form 2648, Preseparation Counseling Checklist for Active Component Service Members, she requested counseling regarding education benefits in advance of her 31 Jul 06 retirement and was provided with a point of contact. On 1 Aug 06, the applicant retired from the Regular Air Force and was credited with 24 years and 24 days of active service. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPAT recommends denial of the applicant’s request to correct her DD Form 214 to reflect she contributed to the VEAP, noting the applicant’s records do not support she made payments toward VEAP. She did attend the VEAP briefing, as evidenced by the DD Form 2057. However, according to the Department of Veterans Affairs (DVA) Atlanta regional office, the applicant never contributed to VEAP or drew any benefits. A complete copy of the AFPC/DPPAT evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit D). As of this date, this office has received no response. _________________________________________________________________ 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 an error or injustice regarding the applicant’s request to correct her records to reflect she contributed to the Veterans’ Educational Assistance Program (VEAP). We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. Notwithstanding the above, we note the applicant served on active duty since 11 Sep 01 and may therefore have some entitlement to educational benefits under the Post-9/11 GI Bill; however, the applicant should contact the Department of Veterans Affairs (DVA) for a determination as they are the executive agent for such programs. As for the applicant’s request that the remarks section of her DD Form 214 be corrected to reflect that she served in support of Operations DESERT SHIELD/STORM, we have been advised by the Air Force OPR that such a comment is only authorized for National Guard and Reserve members who are brought to active duty in direct support of a contingency operation. As the applicant was a Regular Air Force member, such a comment is not authorized for inclusion in her DD Form 214. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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 AFBCMR Docket Number BC-2012-001012 in Executive Session on 23 Oct 12, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 29 Feb 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPPAT, dated 11 Apr 12. Exhibit D. Letter, AFBCMR, undated. Panel Chair