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

_________________________________________________________________

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).

_________________________________________________________________

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month withdrawn from his military pay as contribution to the  VEAP  program.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.

_________________________________________________________________

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.

_________________________________________________________________

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.

_________________________________________________________________

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.

_________________________________________________________________

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.

_________________________________________________________________

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.
_________________________________________________________________

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:

      Mr. Wayne R. Gracie, Panel Chair
      Mr. George Franklin, Member
      Mrs. Carolyn J. Watkins-Taylor

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.




                                   WAYNE R. GRACIE
                                   Panel Chair


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.








  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency