RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 04 MAY 2004
DOCKET NUMBER: AR2003094066
I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.
| |Mr. Carl W. S. Chun | |Director |
| |Ms. Deborah L. Brantley | |Senior Analyst |
The following members, a quorum, were present:
| |Mr. Stanley Kelley | |Chairperson |
| |Mr. Joe Schroeder | |Member |
| |Mr. William Powers | |Member |
The applicant and counsel if any, did not appear before the Board.
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests reconsideration of her previous request to
correct her records to show that funds she contributed were deposited in a
Montgomery G.I. Bill (MGIB) account rather than a Veterans Educational
Assistance Program (VEAP) account and that she be permitted to deposit the
balance of the $2,700.00 contribution required to establish eligibility in
the MGIB.
2. The applicant states she was unaware that the Board would require proof
of earlier contributions to the VEAP before her request could be granted.
3. The applicant provides copies of her October 1983 and October 1984
leave and earnings statements confirming her VEAP contributions.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR2002077598 on 16 January 2003.
2. In the Board’s original consideration of the applicant’s case the Board
noted that the applicant had not shown that “she had a VEAP account on 9
October 1996, a prerequisite for conversion” of a VEAP account to a MGIB
account. The Board also concluded that had the applicant “proven that she
had opened a VEAP account by making a deposit prior to March 31, 1987, the
last day of the last open VEAP enrollment window, the Board may have
granted her request.”
3. The applicant has now provided copies of leave and earnings statements
from 1983 and 1984 confirming that she did have a VEAP account prior to
March 1987. Evidence from the previous Board action indicates that she did
have a VEAP account on 9 October 1996 as evidenced by the fact that
educational allotments instituted by the applicant in December 2000 were
credited to a VEAP account.
DISCUSSION AND CONCLUSIONS:
1. The evidence now provided confirms that the applicant had made deposits
to a VEAP account prior to 31 March 1987 and as such, her contention that
she believed the educational allotment she established in December 2000 was
intended to begin the process to establish eligibility for the MGIB is
reasonable.
2. The applicant has satisfied the requirements established by the January
2003 Board action and it would be appropriate, and in the interest of
justice to correct the applicant’s records to show that educational
allotments commencing in December 2000 were intended to establish
eligibility for the MGIB as a conversion from the VEAP and that she be
provided an opportunity to contribute the amount required to bring the MGIB
contribution balance to $2700.00 as she attempted to do in June 2002.
BOARD VOTE:
__SK ___ __JS____ __WP___ GRANT RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant
amendment of the ABCMR’s decision in Docket Number AR2002077569, dated 16
January 2003. As a result, the Board recommends that all Department of the
Army records of the individual concerned be corrected by showing that her
educational contributions were deposited in MGIB account rather than a VEAP
account and that she be allowed to deposit the balance of the $2700.00
required to establish eligibility in the MGIB.
_____Stanley Kelley_________
CHAIRPERSON
INDEX
|CASE ID |AR2003094066 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20040504 |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |128.00 |
|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...
AF | BCMR | CY2005 | BC-2005-00268
However, his record contains a DD Form 2366, MGIB Act of 1984, electing conversion from the VEAP to MGIB, dated 28 Aug 01. _________________________________________________________________ RECOMMENDATION OF THE BOARD: A majority of the Board finds insufficient evidence of error or injustice and recommends the application be denied. CHARLES E. BENNETT Panel Chair MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS (AFBCMR) SUBJECT: AFBCMR Application of...
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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.
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Should the Board provide relief, they recommend the applicant only be allowed to enroll in VEAP. Congress opened two windows of opportunity for VEAP participants to convert their benefits to the MGIB in 1996 through 1997 and in 2001. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of an error or an injustice; that the application was denied without a personal...
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