RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00268
            INDEX NUMBER:  128.00
      XXXXXXXXXXXXXXXX COUNSEL:  None

      XXXXXXX    HEARING DESIRED:  No


MANDATORY CASE COMPLETION DATE:  20 Jul 06


_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to allow him the opportunity to  make  final
payments into the Veterans Education Assistance  Program  (VEAP)  and
the payments be reflected as received prior to the 18 month  deadline
of 28 Feb 03 so he may qualify for VEAP benefits.

In the alternative, applicant requests the amount of $2250.00 he  has
contributed to the VEAP be refunded.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was miscounseled during a visit to the Finance  Office  at  Nellis
Air Force Base in Nov 03 regarding payment of his remaining  payments
in the VEAP.  He owed an additional $450.00  to  reach  the  required
contribution of $2700.00.  An airman in the Finance office  told  him
he could make the payments directly to  the  Department  of  Veterans
Affairs (DVA).  When he contacted the DVA, he was advised he was  not
eligible for VEAP benefits.

In support of his appeal, applicant provides a  copy  of  a  decision
letter from the DVA and copies of e-mails documenting his efforts  to
get VEAP benefits or a refund of the money he has already paid toward
VEAP benefits.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant served on active duty in the Air Force from 8 Apr 82 to
31 Oct 02 and retired effective 1 Nov 02 in the  grade  of  technical
sergeant (TSgt).
_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAT recommends denial of the applicant’s request.

The VEAP was enacted by Congress to provide  education  benefits  for
individuals entering active duty between 1 Jan 77 and 30 Jun 85.  The
Montgomery GI Bill (MGIB) was enacted and became effective 1 Jul  85.
VEAP was a voluntary program that offered a maximum $8100.00  benefit
to participants and unused contributions could be refunded.  Congress
opened two windows of opportunity for VEAP  participants  to  convert
their benefits to the more lucrative MGIB.   The  first  open  window
from 1996-1997 allowed those VEAP participants with an  open  account
to convert while the second window of  opportunity  in  2001  allowed
those with both open and closed accounts to convert.   The  VEAP/MGIB
conversion required those electing conversion to pay $2700.00  within
18 months of election.  The law further states an election to convert
from VEAP to MGIB is a disenrollment from the VEAP.  Applicants  were
required to  complete  a  DD  Form  2366,  MGIB  Act  of  1984,  upon
acceptance of the conversion.  Those that did not  pay  the  $2700.00
within the 18-month period would be ineligible for a  refund  of  any
contributions made.

The applicant contends he never converted  from  VEAP  to  the  MGIB.
However, his record contains a  DD  Form  2366,  MGIB  Act  of  1984,
electing  conversion  from  the  VEAP  to  MGIB,  dated  28  Aug  01.
Additionally, the DD Form 2366 was initialed in section  3,  “Service
Unique Education Assistance Option,” which  states  the  requirements
for conversion from VEAP to MGIB including  the  requirement  to  pay
$2700.00 no later than 18 months from the date of the  form,  28  Feb
03.  The applicant paid $2250.00 toward the required  $2700.00.   His
active duty allotment stopped 31 Sep 02 due to his retirement.  There
is no evidence he attempted to pay the remaining $450.00  before  the
due date.

The complete 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
25 Feb 05 for review and comment within 30 days.  To date, a response
has not been received.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law
or regulations.

2.  The application was timely filed.

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, the majority of  the  Board  agrees  with  the  opinion  and
recommendation of the Air Force office of primary responsibility  and
adopts its rationale as the  basis  for  their  conclusion  that  the
applicant  has  not  been  the  victim  of  an  error  or  injustice.
Therefore, in the absence of evidence to the contrary,  the  majority
of the Board finds no compelling  basis  to  recommend  granting  the
relief sought in this application.

_________________________________________________________________

RECOMMENDATION OF THE BOARD:

A majority of the Board  finds  insufficient  evidence  of  error  or
injustice and recommends the application be denied.

_________________________________________________________________

The following members of the Board considered Docket Number  BC-2005-
00268 in Executive Session on 31 March 2005, under the provisions  of
AFI 36-2603:

      Mr. Charles E. Bennett, Panel Chair
      Mr. Grover L. Dunn, Member
      Ms. Jan Mulligan, Member

By a majority vote, the Board voted to deny applicant’s request.  Ms.
Mulligan voted to grant the applicant’s requests but did  not  desire
to submit a minority report.  The following documentary evidence  was
considered:

    Exhibit A.  DD Form 149, dated 20 Jan 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPPAT, dated 23 Feb 05.
    Exhibit D.  Letter, SAF/MRBR, dated 25 Feb 05.




                                   CHARLES E. BENNETT
                                   Panel Chair

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
                                  FOR CORRECTION OF MILITARY RECORDS
(AFBCMR)

SUBJECT:  AFBCMR Application of Alfredo B. Ancheta, Jr., XXXXXXX

      I have carefully reviewed the evidence of record and the
recommendation of the Board members.  A majority found that applicant
had not provided sufficient evidence of error or injustice and
recommended the case be denied.  I concur with that finding and their
conclusion that relief is not warranted.  Accordingly, I accept their
recommendation that the application be denied.

      Please advise the applicant accordingly.




                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency