RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-01283
            INDEX CODE:  100.00
            COUNSEL:  NONE
            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His record show that he elected to  convert  from  the  Veterans’  Education
Assistance program (VEAP) to the Montgomery GI Bill (MGIB).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He believes his original paperwork to convert from  VEAP  to  the  MGIB  was
mishandled.  He distinctly remembers working with the  personnel  processing
facility at his deployed location and completing a form  indicating  how  he
wanted his contributions arranged.  He  knew  he  did  not  have  much  time
remaining for the conversion window and it was his full  intention  to  have
this taken care of immediately.  After  PCSing  to  Davis-Monthan  in  April
2001 his family was deployed after the September 11th attacks.  He was at  a
bare base location which he also  believes  may  have  been  a  contributing
factor because the equipment at the  location  was  extremely  limited.   He
believes the paperwork was mishandled at the deployed location or  stateside
at his home station.  Upon return to his home station he was  informed  they
never  received  his  paperwork  from  the  deployed  location  and  he  was
therefore ineligible for the conversion.

In support of the application, the applicant submits Special Order  TE-0028,
a personal statement,  and  AF  Form  972,  Request  and  Authorization  for
Emergency Leave Travel.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on  27  Decenber  1983.   He
was progressively promoted to the grade of senior  master  sergeant,  having
assumed that grade effective and with a date of rank of 1 October 2003.   On
31 October 2007 he was relieved from active duty and retired  on  1 November
2007.  He served 23 years, 10 months and 4 days on active duty.

VEAP was enacted by Congress (38 U.S.C., Chapter 32) to provide a  voluntary
education benefit for Armed Services personnel entering active duty  between
1 January 1977 and 30 June 1985.

Congress offered  two  windows  of  opportunity  for  VEAP  participants  to
convert their benefits to the more lucrative MGIB.  The first, in 9  October
1996 through 8 October 1997, included VEAP  participants  with  money  in  a
VEAP account while the second, 1 November  2000  through  30  October  2001,
allowed those having money or, at one time, had money in a VEAP  account  to
convert and were required to pay $2700  within  18  months  of  electing  to
participate in the conversion.

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AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial.  DPSIT states the applicant acknowledges  that
he is enrolled in the  Post-Vietnam  Era  Veterans’  Educational  Assistance
Program (VEAP) and he highlights his attempt to take advantage of the  “open
enrollment”  period  while  deployed  to  a  “bare  base.”   The   applicant
submitted orders documenting that during the  “open  enrollment”  period  he
was assigned to a classified site for 90 days (12 October  2001  through  10
January 2002).  The “open enrollment” period for the conversion ended on  30
October 2001.

His administrative support at  his  TDY  site  was  a  Personnel  Processing
Facility (PERSCO Team) which he claims completed “a form” and he  told  them
how he wanted his contributions arranged.  We assume the form he  claims  he
completed was the DD Form 2366, Montgomery  GI  Bill  Act  of  1984  (MGIB).
This document would affirm an individual’s  voluntary  election  to  decline
VEAP participation and accept the conditions of Chapter 30 (MGIB).   If  the
applicant had elected the conversion, he would have  been  provided  with  a
copy of 2366.  He would also have been advised of the  requirements  of  the
law that if he elected to participate in the conversion; the $2,700  was  to
be paid within 18  months  from  accepting  the  conversion.   There  is  no
evidence of a DD Form 2366 in his personnel records.   Efforts  to  pay  the
$2,700  were  not  made  until  he  neared  his  separation  which  a   VEAP
participant that did not elect conversion to MGIB could do.

In trying to  determine  if  an  injustice  or  government  error  had  been
committed, it was noted that  the  applicant  had  50  weeks  prior  to  his
deployment to exercise his option to convert to MGIB.   It  should  also  be
noted that prior to a TDY an individual is required to “clear” the  base  to
prevent unnecessary emergencies while TDY.  With no evidence to support  his
action(s) at the TDY  site,  DPSIT  can  only  assume  that  it  was  not  a
government error.

The complete DPSIT evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 20 June 2008, the 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.

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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 an  error  or  injustice.   After  a  thorough  review  of  the
evidence of record and the applicant’s submission, it is  our  opinion  that
relief is not warranted in this case.  The applicant's contentions are  duly
noted; however, other  than  his  uncorroborated  assertions  regarding  his
paperwork  to  convert  from  VEAP  to  MGIB  was  mishandled,  we  find  no
substantive evidence of an error or injustice which sustains his  burden  of
proof of the existence of either an error or injustice.  Therefore,  in  the
absence of evidence  to  the  contrary,  we  find  no  compelling  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 an 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-2008-
01283 in Executive Session on 24 July 2008, under the provisions of AFI  36-
2603:

                 Ms. B J White-Olson, Panel Chair
                 Ms. Janet I. Hassan, Member
                 Mr. Garry G.Sauner, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 4 March 2008, w/atchs.
   Exhibit B.  Applicant’s Available Master Personnel Record.
   Exhibit C.  Letter, AFPC/DPSIT, dated 13 June 2008.
   Exhibit D.  Letter, SAF/MRBR, dated 20 June 2008.





                 B J WHITE-OLSON
                 Panel Chair