RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-01605 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

Her official records be annotated to reflect her enrollment in 
the Post-Vietnam Era Veterans Educational Assistance Program 
(VEAP). Her educational benefits be changed to authorize and 
allow course completion by correspondence, distance learning, 
and on-line college courses with a renewed 10 years to complete 
courses. In the alternative, she be authorized to join a newer 
educational benefits program that will allow course completion 
by correspondence, distance learning, and on-line college 
courses with 10 years to complete the courses 

 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

She was not advised when she enlisted or reenlisted that her 
educational benefits were under a test program (Section 901). 
She was not given an opportunity to cash in the Section 901 test 
program as the policy stated because she found out about it too 
late. Consequently, as the benefits changed, she was not able 
to change with the regular VEAP enrollees. 

 

After retirement, she could not use the benefits because the 
Section 901 program did not allow correspondence courses. She 
worked full-time and was on temporary duty (TDY) often and could 
not attend courses in-residence. She inquired several times 
about her benefits, in the 80’s; however, by the time her 
enrollment was confirmed she had already reenlisted and her new 
enlistment paperwork did not state any such educational 
benefits. 

 

In support of her appeal, the applicant submits a copy of her 
DD Form 214, Certificate of Release or Discharge from Active 
Duty, issued in conjunction with her 31 May 02 separation; 
extracts of her education benefits from her military record, and 
letters of inquiry to the Department of Veterans Affairs (DVA). 

 

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

 


________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant was relieved from active duty, on 31 May 02, with 
a reason for separation of voluntary retirement: sufficient 
service for retirement. She was credited with 20 years, 
7 months, and 5 day of active duty service. 

 

Section 901 is an Educational Assistance Test Program created by 
the Department of Defense Authorization Act of 1981 (Public Law 
96-342) for individuals who entered on active duty after 
30 Sep 80, and before 1 Oct 81 (or before 1 Oct 82, if entry was 
under a delayed enlistment contract signed between 20 Sep 80, 
and 1 Oct 81). The title "Section 901" identifies the part of 
Public Law (PL) 96-342 that provided for this education benefit. 
The program was funded by the Department of Defense (DoD) under 
chapter 107 of Title 10, United States Code (USC). No monetary 
contributions are required from the participant. The DVA 
administers the payments of benefits under an agreement with 
DoD. Section 901 is available to servicepersons and veterans. 
In addition, a serviceperson or veteran may transfer entitlement 
to a dependent spouse or child. 

 

38 USC Chapter 32 - Post-Vietnam ERA Veterans Educational 
Assistance Program (VEAP), Section 3201 was authorized to 
provide educational assistance to those men and women who 
entered the Armed Forces after 31 Dec 76, and before 1 Jul 85 
and provided that they shall have the right to enroll in the 
educational benefits program provided by this Chapter at any 
time during such person's service on active duty before 1 Jul 
85. When a person enrolled in the program such person had to 
participate for at least 12 consecutive months before 
disenrolling or suspending participation. This voluntary 
program allowed individuals to establish education benefits by 
contributing money to an account. An individual could 
contribute a maximum $2700.00 and the government provided a 
maximum $5400.00 in matching funds. Allotment had to start 
before 1 Apr 87 and contribute a minimum of $25. 

 

________________________________________________________________ 

 

THE AIR FORCE EVALUATION: 

 

AFPC/DPSIT recommends the applicant’s records be annotated to 
indicate enrollment in Section 901 Test Program. 

 

They recommend denial of her request to change her benefits to 
allow correspondence, distance learning, and online college 
courses and a renewed 10 years; however, they noted that this 
could not be done because of PL 96-342. As to the request to 
join a newer educational benefit program (GI Bill), the 
applicant is eligible for the Post 9/11 GI Bill; however, she 
will only have 5 years remaining on that benefit. As to the 


applicant’s request to cash in on the benefit, the applicant had 
ample opportunity after re-enlistment to find out about that 
benefit and apply for it. 

 

On 5 Nov 81, the applicant signed DD Form 2057, Contributory 
Educational Assistance Program Statement of Understanding, known 
as the Post-Vietnam Era Veteran's Educational Assistance Act of 
1977 (VEA); at Lackland AFB during in-processing and indicated 
that she would like $25.00 deducted from her pay for a minimum 
of 12 consecutive months. From that period until May 85, when 
the applicant indicated that she wanted an allotment started for 
$25.00 for VEAP, there is a blank period on the paperwork. 

 

The complete AFPC/DPSIT evaluation is at Exhibit C. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the 
applicant on 22 Jul 11 for review and comment within 30 days. 
As of this date, no response has been received by this office 
(Exhibit D). 

 

________________________________________________________________ 

 

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 error or injustice warranting 
partial relief. In that regard, we agree with the 
recommendation of the Air Force office of primary responsibility 
to correct the record to reflect the applicant’s enrollment in 
the Section 901 test program. We note the applicant is already 
eligible for the Post 9/11 GI Bill. In reaching our 
determination, we note the applicant’s stated request that her 
educational benefits be changed to authorize and allow course 
completion by correspondence, distance learning, and on-line 
college courses or that she be allowed to participate in a 
program that allows those benefits with 10 years to complete any 
courses. However, based on the requirements of PL 96-342, these 
corrections are not within the purview of this board. 
Therefore, in our view, the Air Force office of primary 
responsibility has conducted an adequate assessment of the 
issues presented by the applicant and we are in agreement with 
its opinion and recommendation that 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 at the 
time of her retirement, on 31 May 2002, she was enrolled in the 
Section 901 Test Program. 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2011-01605 in Executive Session on 9 February 2012, 
under the provisions of AFI 36-2603: 

 

All members voted to correct the records, as recommended. The 
following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 27 Apr 11, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSIT, dated 30 Jun 11. 

 Exhibit D. Letter, SAF/MRBR, dated 22 Jul 11. 

 

 

 

 

 Panel Chair