RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00706 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: He be reimbursed his $2,200 contribution to the Post-Vietnam Veterans’ Education Assistance Program (VEAP). ________________________________________________________________ _ APPLICANT CONTENDS THAT: He contributed a $2,200 lump sum to his VEAP account on 9 March 1999, prior to his separation on 30 April 1999. He requested a refund of his VEAP contributions in March 2010; however, he was only reimbursed his monthly allotment portion ($600) of his VEAP contributions and not his $2,200 lump sum portion. His lump sum contribution should have been deposited into his VEAP savings account; however, the Veterans Administration (VA) never received it, even though the lump sum allotment is listed on his March 1999 Leave and Earnings Statement (LES). In support of his appeal, the applicant provides a personal statement; and, copies of a money order payable to the Defense Finance and Accounting Service (DFAS) for VEAP; DD Form 2258, Authorization to Start, Stop, or Change an Allotment; Air Force Form 1209, Document Transmittal; his March 1999 LES; and 2010/2011 electronic communications with VA and DFAS. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: The applicant served on active duty in the Regular Air Force from 27 April 1979 to 30 April 1999. The remaining relevant facts, extracted from the applicant’s military service records, are contained in the Air Force evaluation at Exhibit C. ________________________________________________________________ _ AIR FORCE EVALUATION: AFPC/DPSIT recommends approval. DPSIT states that 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 January 1977 and 30 June 1985. VEAP was a voluntary program that offered a maximum $8,100 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 sometime between 1 January 1977 and 31 March 1987. The minimum amount was $25 and all VEAP contributions were reflected on an LES and on quarterly VEAP statements. Public Law 99-576 amended Chapter 32 by prohibiting any new enrollments after 31 March 1987. 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. There is no way to confirm the action that initiated the VEAP transaction 14 years ago. It is reasonable to assume it was the applicant’s request despite the years it took the applicant to recognize and attempt to correct the alleged error. The applicant’s request is supported with evidence that he was a victim of an error or injustice. The complete DPSIT evaluation is at Exhibit C. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 1 April 2013, 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. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. After a thorough review of the evidence of record and the applicant’s complete submission, we are persuaded that relief is warranted. In this respect, we note the applicant has provided sufficient documentation substantiating he made a $2,200 lump sum contribution in March 1999. Therefore, we agree with the Air Force office of primary responsibility (OPR) recommendation to reimburse the applicant for his $2,200 one-time payment. Accordingly, we recommend 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 competent authority approved his request for reimbursement of his 9 March 1999 contribution of $2,200 to his Post-Vietnam Veterans’ Education Assistance Program (VEAP) account. ________________________________________________________________ _ The following members of the Board considered AFBCMR Docket Number BC-2013-00706 in Executive Session on 17 October 2013, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records, as recommended. The following documentary evidence for AFBCMR Docket Number BC-2013- 00706 was considered: Exhibit A. DD Form 149, dated 7 Feb 13, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIT, dated 21 Mar 13. Exhibit D. Letter, SAF/MRBR, dated 1 Apr 13. Panel Chair 2 3