RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 May 2008
	DOCKET NUMBER:  AR20070014205 


	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.




Director



Analyst
      The following members, a quorum, were present:


M

Chairperson

M

Member

M

Member
	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 that Block 15a (Member Contributed to Post-Vietnam Era Veteran's Educational Assistance Program) of his DD Form 214 (Certificate of Release or Discharge From Active Duty) be changed from "NO" to "YES."

2.  The applicant states his DD Form 214 was upgraded to Honorable, and he did contribute.

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted on 25 June 1999.  He was discharged on 22 April 2004 with a General (under honorable conditions) Discharge by reason of misconduct. His discharge was upgraded to an Honorable Discharge and the reason was changed to Secretarial Authority by the Army Review Boards Agency – St. Louis, MO.

3.  The Post-Vietnam Era Veteran's Educational Assistance Program (VEAP) was an educational assistance program available to service members who entered service e between 1 January 1977 and 30 June 1985 and who elected to make contributions from their  military pay to participate in the program.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214.  It states that "For any soldier who enlisted after 1985, mark "NO" in Block 15a.


DISCUSSION AND CONCLUSIONS:

1.  The applicant wants his DD Form 214 to reflect "YES" in Block 15a.

2.  The applicant first entered military service on 25 June 1999; the VEAP ended on 30 June 1985.  AR 635-5 specifically provides that "NO" will be marked in Block 15a for Soldiers who entered service after 1985.

3.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__xxx___  __xxx___  __xxx___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




								XXX
      ______________________
                CHAIRPERSON


ABCMR Record of Proceedings (cont)                                         AR20070014205



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA  22202-4508