| Mr. Carl W. S. Chun | Director | |
| Mr. Walter Avery, Jr. | Analyst |
| Mr. George D. Paxson | Chairperson | |
| Mr. Walter T. Morrison | Member | |
| Mr. Richard T. Dunbar | Member |
APPLICANT REQUESTS: That his Post Vietnam Era Veterans Education Assistance Program (VEAP) entitlement be converted to the Montgomery GI Bill (MGIB).
APPLICANT STATES: In effect, that his request to convert from the VEAP to the MGIB was denied by the US Total Army Personnel Command (PERSCOM). He believes their denial is based upon his placement on the Temporary Disability Retirement List (TDRL) due to a line of duty accident that handicapped him. The PERSCOM’s refusal to convert the funds after he was found physically fit and returned to active duty is wrong and in fact constitutes prejudice to a handicapped person.
In support of his request, he submits a series of e-mails between himself and the PERSCOM concerning his request, and a leave and earning statement that shows he had monies in a VEAP account.
EVIDENCE OF RECORD: The applicant's military records show:
He was appointed a 2nd lieutenant in the United States Army Reserve and entered active duty on 22 June 1984. On 3 December 1995, he was placed onto the TDRL. On 1 June 1998, he was found fit for duty and was released from the TDRL and returned to active duty on 15 August 1998. He currently holds the rank of major and is stationed at Fort Meade, Maryland.
On 19 November 2001, the PERSCOM responded to the applicant’s inquiry concerning conversion from VEAP to MGIB. The PERSCOM’s letter stated that Public Law 106-419, Veterans Benefits and Health Care Improvement Act of 2000, provided an opportunity for service members who were VEAP participants on October 9, 1996, and who served continuous active duty from 9 October 1996 to 1 April 2000, to convert to the MGIB not later than October 31, 2001. The conversion opportunity was available only to persons eligible under this law. Records available to the PERSCOM indicated that the applicant did not serve on continuous active duty during the above time period. In fact, the applicant confirmed that he was on the TDRL. Unfortunately, the time a service member is on the TDRL is not considered active duty time. This break in service prevented the applicant from meeting the eligibility for conversion to the MGIB under this law.
The VEAP was an educational incentive program offered to individuals who enlisted between 1 January 1977 and 30 June 1985. The program was designed for the post-Vietnam era soldier as a means of establishing a fund to support their educational objectives following military service. Participation in the VEAP was a voluntary option and was replaced, in July 1985, by the MGIB and the Army College Fund Program.
The MGIB, as outlined in Title 38, United States Code, chapter 30, section 1411b, provides for soldiers who entered the service after 30 June 1985 to contribute $1,200.00 to the program during their first 12 months of service. Participation in the program is automatic, unless the soldier voluntarily withdraws from the program at the time of processing into the Army at a reception station. Under normal situations, the $1,200.00 contribution is nonrefundable. The Department of Veterans Affairs administers the program after the soldier is separated from active duty.
Public Law 106-419 authorizes participants in the VEAP who have continuously served on active duty since 9 October 1996 through at least 1 April 2000, to convert to the MGIB program. This law provides a one-year enrollment period and requires monthly pay reductions to cover program costs.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. The law concerning conversion from the VEAP to MGIB is clear that only individuals who served continuously on active duty from 9 October 1996 through 1 April 2000, were eligible for the conversion. The applicant was in a non-active duty status while he on the TDRL from 3 December 1995 to 4 August 1998. As the law is written, the applicant was not eligible for the conversion. Therefore, no correction to his records is warranted.
2. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
3. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
___gdp__ ___wtm__ ____rtd__ DENY APPLICATION
| CASE ID | AR2001064494 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20020124 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1.128.14 | |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2002 | 2002077598C070215
In that rebuttal she states that a memorandum prompted her to start an MGIB account, and submits a notification of a document titled “VEAP to MGIB Bill Conversion Open Season.” In that document it was stated that to be eligible for the conversion, a soldier had to be a VEAP participant on 9 October 1996. VEAP-era service members who never opened a VEAP account have no educational benefits as a veteran. If the applicant had proven that she had opened a VEAP account by making a deposit prior...
ARMY | BCMR | CY2002 | 2002075211C070403
The applicant states, in effect, that he is being unjustly denied the opportunity to convert his enrollment in the VEAP to the MGIB, a benefit that he would have been afforded had he not been seriously injured in the line of duty and subsequently placed on the Temporary Disability Retired List (TDRL) during the time prescribed as the eligibility window. Public Law 106-419 (Veterans Benefits and Health Care Improvement Act of 2000) authorizes participants in the VEAP who have continuously...
AF | BCMR | CY2005 | BC-2005-00340
While assigned to USMTM, he never received any information or was required to sign any notification of acceptance/denial informing him that Congress had approved a new window for VEAP conversion (7 March 2001 through 31 October 2001). No one from the Education office informed them of the VEAP conversion. After a thorough review of the evidence of record and the applicant’s submission, the Board is not persuaded relief should be granted.
NAVY | BCNR | CY2003 | 04755-03
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 July 2003. Reference (c) provided an opportunity for active duty VEAP participants to enroll in the Montgomery GI ill (MGIB) Program provided they were on active duty and had contributions in a VEAP account on 9 October 1996 (date of enactment). ~eview of his record revealed -was eligible for conversion under reference (c) because he did not a VEAP participant,...
NAVY | BCNR | CY2003 | 01975-03
Reference (c) offered MGIB Program enrollment to active duty members with money in a VEAP account on 9 October 1996 (date of enactment). As stated above, references (c) and (d) provided opportunities to "VEAP participants" not 'VEAP-era members. could convert VEAP eligibility to states he was never afforded the he learned of a period of time when was not d. Granting the petitioner's request will not guarantee the Department of Veterans Affairs will award VEAP or MGIB Program benefits since...
NAVY | BCNR | CY2006 | 00759-06
Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.SincerelyW. He had from the time he completed the DD Form 2057 until Congress closed VEAP to new enrollments for the last time on 31 March 1987 to start an allotment and become a participant. Although we believe all who have served on active duty deserve quality education benefits, allowing those who didn’t participate...
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In addition, the Board considered the advisory opinion furnished by NPC memo 1780 PERS-352G of 10 Jan 08, a copy of which is attached.After careful and conscientious consideration of the entire record, a majority of the Board found that the evidence submitted was insufficient to establish the existence of probable material error or injustice. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
AF | BCMR | CY2005 | BC-2005-00499
He indicates personnel at the Education Office informed him that he had no money in his VEAP account; therefore, ineligible for conversion. Their office requested a statement from the Education Services Center at Luke AFB on the applicant’s claim. On the contrary, the evidence provided in this recommendation clearly indicates the applicant was properly notified of eligibility, briefed correctly on the conversion process, deadlines for the election, and provided the opportunity to make an...
AF | BCMR | CY2004 | BC-2005-00420
_________________________________________________________________ APPLICANT CONTENDS THAT: She was not informed of the opportunity to convert from the Veterans Educational Assistance Program (VEAP) to the MGIB. On 1 March 2005, AFPC/DPPAT requested applicant provided evidence that supports an error or injustice in notification of her eligibility for the conversion from the VEAP to the MGIB. Congress opened two windows of opportunity for VEAP participants to convert their benefits to the...
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Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice. Following enactment of reference (c), Navy attempted widest dissemination of the opportunity for eligible personnel to convert to the MGIB Program. Other notification was provided in ample time for members who didn't receive a letter to contact PERS-604 about their eligibility before the legislated deadline.