BVA9505070 
DOCKET NO.  93-05 094     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Muskogee,
Oklahoma

THE ISSUE

Entitlement to reimbursement of educational assistance benefits
under Chapter 30, Title 38, United States Code at a rate in
excess of the full-time rate for the period of June 2, 1992 to
July 2, 1992.

ATTORNEY FOR THE BOARD

J. Connolly, Associate Counsel

INTRODUCTION

The veteran entered active duty in January 1973 and served
thereafter on active duty for over 20 years.

This matter came before the Board of Veterans' Appeals (Board) on
appeal from a July 1992 decision of the Muskogee, Oklahoma,
Department of Veterans Affairs (VA) Regional Office (RO).  A
notice of disagreement was received in October 1992.  A statement
of the case was issued in December 1992.  A substantive appeal
was received in February 1993.  The appellant is unrepresented in
his appeal.

CONTENTIONS OF APPELLANT ON APPEAL

The appellant essentially contends that he is entitled to a
complete reimbursement of the $1320 he spent in tuition and fees
for his period of schooling from June 2, 1992 to July 2, 1992.
He maintains that he has only been reimbursed $538 of the $1,300
he feels that the VA owes him.  He asserts that VA
representatives assured him that he would be reimbursed in full
for all of his expenses.  The appellant requests that he be
refunded the difference between what he received from the VA and
his full tuition that he feels is owed to him.

DECISION OF THE BOARD

The Board, in accordance with the provisions of 38 U.S.C.A.
§ 7104 (West 1991), has reviewed and considered all of the
evidence and material of record in the appellant's claims file.
Based on its review of the relevant evidence in this matter, and
for the following reasons and bases, it is the decision of the
Board that the appellant is not entitled to reimbursement of
Chapter 30 educational assistance in excess of the full-time
monthly rate for the period of June 2, 1992 to July 2, 1992.

FINDINGS OF FACT

1.  The appellant filed a complete application for education
benefits in May 1992.  On this application signed in August 1991
he indicated he was still on active duty.

2.  An enrollment certificate received in July 1992 disclosed
that the appellant was enrolled for 8 credit hours in residence
from June 2, 1992 to July 2, 1992, in an undergraduate standard
college program.

3.  The appellant was awarded educational assistance at the full-
time rate of $538 for the period from June 2, 1992 to July 2,
1992.

CONCLUSION OF LAW

The appellant is only entitled to reimbursement for the full-time
rate of educational assistance in the amount of $538 under
Chapter 30 for the period from June 2, 1992 to July 2, 1992.  38
C.F.R. § 21.7137 (1994).

REASONS AND BASES FOR FINDINGS AND CONCLUSION

The Board observes that the program of Chapter 34 educational
assistance ended on December 31, 1989. 38 U.S.C.A. § 3462(e)
(West 1991); 38 C.F.R. § 21.1041 (1994). However, there are
certain provisions which grant eligibility under the new GI bill,
of Chapter 30, Title 38, United States Code for individuals with
Chapter 34 eligibility remaining on December 31, 1989, and the RO
has determined that the appellant met such requirements.  38
U.S.C.A. § 3011(a) (West 1991).

An enrollment certificate received in July 1992 disclosed that
the appellant was enrolled for 8 credit hours from June 2, 1992
to July 2, 1992, in an undergraduate standard college degree
program.  Thereafter, the appellant was awarded Chapter 30
educational assistance by a July 1992 letter at the full-time
rate for the period from June 2, 1992 to July 2, 1992.  The Board
observes that the July 1992 letter informed the appellant that
because he met the requirements for eligibility for educational
assistance under the Chapter 34 educational program, his monthly
rate under the Chapter 30 program would be increased to one-half
of the Chapter 34 rate that he would be eligible for and that
this additional amount was not payable if he was in training at
less than one-half time because in those instances the benefits
are limited to cost of tuition and fees.  In that letter, the RO
also informed the appellant that the monthly full-time rate was
$538.

The appellant essentially contends that he is entitled to a
complete reimbursement of the $1,300 he spent in tuition and fees
for his period of schooling from June 2, 1992 to July 2, 1992.
He maintains that he has only been reimbursed $538 of the $1,300
he feels that the VA owes him.  He asserts that a
"representative" assured him that he would be reimbursed in full
for all of his expenses.  The appellant requests that he be
refunded the difference that he feels is owed to him.

Under 38 C.F.R. § 21.7137(c) (1994), the monthly rate for
servicemembers may not exceed the lesser of the following: (1)
the monthly rate of the cost of the course or (2) $538 for full-
time training.  The Secretary concerned may increase the amount
of basic education assistance (a "kicker") payable to an
individual who has a skill or specialty which the Secretary
concerned designates as having a critical shortage of personnel
or for which is difficult to recruit.  38 C.F.R. § 21.7137(d)

In this case, the appellant participated in full-time training
and is entitled to the lesser of the amount of the monthly rate
of the course, $1320, or the full-time rate, $538.  Therefore,
the veteran is entitled to reimbursement of $538.  The appellant
has not contended that he is entitled to a kicker based on a
particular skill or specialty for which there is a critical
shortage nor has the Department of Defense indicated that the
appellant has "kicker" entitlement.  The Board observes that the
authority for such determination has been given to the Secretary
of the appropriate military department.  The VA cannot make this
determination.

The Board acknowledges the appellant's contention that he was
assured by VA representatives that the cost of his course would
be reimbursed in full.  However, there is no documentation in the
claims file that documents his contentions nor has the appellant
submitted any evidence that supports that contention.
Nevertheless, the regulations governing educational assistance
benefits are quite specific as set forth above and provide that
the appellant is only eligible for reimbursement at the full-time
rate.  Even assuming but not conceding that he was given
misinformation, that cannot form a basis to grant the benefit.

Accordingly, the Board concludes that the appellant is entitled
to reimbursement for the full-time rate of educational assistance
in the amount of $538 under Chapter 30 for the period from June
2, 1992 to July 2, 1992.  38 C.F.R. § 21.7137 (1994).

ORDER

The appeal is denied.

          E. M. KRENZER
          Member, Board of Veterans' Appeals

The Board of Veterans' Appeals Administrative Procedures
Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, ___
(1994), permits a proceeding instituted before the Board to be
assigned to an individual member of the Board for a
determination.  This proceeding has been assigned to an
individual member of the Board.

NOTICE OF APPELLATE RIGHTS:  Under 38 U.S.C.A. § 7266 (West
1991), a decision of the Board of Veterans' Appeals granting less
than the complete benefit, or benefits, sought on appeal is
appealable to the United States Court of Veterans Appeals within
120 days from the date of mailing of notice of the decision,
provided that a Notice of Disagreement concerning an issue which
was before the Board was filed with the agency of original
jurisdiction on or after November 18, 1988.  Veterans' Judicial
Review Act, Pub. L. No. 100-687, § 402 (1988).  The date which
appears on the face of this decision constitutes the date of
mailing and the copy of this decision which you have received is
your notice of the action taken on your appeal by the Board of
Veterans' Appeals.