RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-01012
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her DD Form 214, Certificate of Release or Discharge from Active
Duty, be corrected as indicated below:
1. Block 15a, Member Contributed to Post-Vietnam Era Veterans
Educational Assistance Program, to read yes rather than no.
2. Block 18, Remarks, be amended to include the statement,
Member served in support of Operation DESERT SHIELD/DESERT STORM
2 Aug 90 to 31 Aug 95 and subject to recall by Secretary of the
Air Force.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Her DD Form 214 reflects she did not contribute to the Post-
Vietnam Veterans Education Assistance Program (VEAP); however,
the DD Form 2057, Contributory Educational Assistance Program
Statement of Understanding, reflects otherwise.
Also, the verbiage reflecting she served in support of Operation
DESERT SHIELD/DESERT STORM and was subject to recall by the
Secretary of the Air Force (SAF) was omitted from the remarks
section of her DD Form 214.
In support of her request, the applicant provides a copy of her
DD Form 214, DD Form 2057, AF Form 910, Enlisted Performance
Report (AB thru TSGT), Special Order G-36, and Special Order GA-
14.
The applicants complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The 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 Jan 77 and 30 Jun 85.
The VEAP was a voluntary program that offered a maximum $8100
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 (AFO) sometime between
1 Jan 77 and 31 Mar 87. The minimum amount was $25 and all VEAP
contributions were reflected on a leave and earnings statement
and on quarterly VEAP statements. Public Law (PL) 99-576 amended
Chapter 32 by prohibiting any new enrollments after 31 Mar 87.
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. Individuals entering active
duty during the VEAP era completed a DD Form 2057, Contributory
Educational Assistance Program--Statement of Understanding, after
receiving a VEAP briefing at Officer Training School (OTS) or
Basic Military Training. The briefing included general
information on program requirements and benefits. Signing the DD
Form 2057 was a confirmation of the briefing but it did not
constitute enrollment in VEAP. Trainees were told that to
enroll in VEAP meant going to the local base AFO and starting an
allotment or making a deposit. Individuals were also required to
attend VEAP briefings at each new duty station; the briefings
included information on how to participate in the program.
On 7 Jul 82, the applicant contracted her initial enlistment in
the Regular Air Force.
On 19 Jan 82, the applicant completed the DD Form 2057, which
informed her of criteria for participation in the VEAP.
The applicants performance report for the period 3 Jan 91
through 2 Jan 92 reflects she deployed to England in support of
Operation DESERT STORM.
According to the applicants DD Form 2648, Preseparation
Counseling Checklist for Active Component Service Members, she
requested counseling regarding education benefits in advance of
her 31 Jul 06 retirement and was provided with a point of
contact.
On 1 Aug 06, the applicant retired from the Regular Air Force and
was credited with 24 years and 24 days of active service.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPAT recommends denial of the applicants request to
correct her DD Form 214 to reflect she contributed to the VEAP,
noting the applicants records do not support she made payments
toward VEAP. She did attend the VEAP briefing, as evidenced by
the DD Form 2057. However, according to the Department of
Veterans Affairs (DVA) Atlanta regional office, the applicant
never contributed to VEAP or drew any benefits.
A complete copy of the AFPC/DPPAT evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force 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.
_________________________________________________________________
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. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice regarding the
applicants request to correct her records to reflect she
contributed to the Veterans Educational Assistance Program
(VEAP). We took notice of the applicant's complete submission in
judging the merits of the case; however, we agree with the
opinion and recommendation of the Air Force office of primary
responsibility (OPR) and adopt its rationale as the basis for our
conclusion the applicant has not been the victim of an error or
injustice. Notwithstanding the above, we note the applicant
served on active duty since 11 Sep 01 and may therefore have some
entitlement to educational benefits under the Post-9/11 GI Bill;
however, the applicant should contact the Department of Veterans
Affairs (DVA) for a determination as they are the executive agent
for such programs. As for the applicants request that the
remarks section of her DD Form 214 be corrected to reflect that
she served in support of Operations DESERT SHIELD/STORM, we have
been advised by the Air Force OPR that such a comment is only
authorized for National Guard and Reserve members who are brought
to active duty in direct support of a contingency operation. As
the applicant was a Regular Air Force member, such a comment is
not authorized for inclusion in her DD Form 214. Therefore, in
the absence of evidence to the contrary, we find no 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 material 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-2012-001012 in Executive Session on 23 Oct 12, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 29 Feb 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPAT, dated 11 Apr 12.
Exhibit D. Letter, AFBCMR, undated.
Panel Chair
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