IN THE CASE OF:	  

		BOARD DATE:	  14 April 2011

		DOCKET NUMBER:  AR20100023187 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he contributed to the post-Vietnam era Veteran's Educational Assistance Program (VEAP).

2.  The applicant states he contributed the maximum lump sum to be eligible for VEAP benefits.

3.  The applicant provides copies of his DD Form 214; retirement orders; DA Form 3286-30 (Statements for Enlistment – U.S. Army Contribution to VEAP), dated 20 September 1983; and DD Form 1131 (Cash Collection Voucher), dated 12 October 2008.

CONSIDERATION OF EVIDENCE:

1.  On 20 September 1983, the applicant enlisted in the Regular Army.

2.  A DA Form 3286-30 completed at the time of the applicant's initial enlistment indicates he agreed to contribute to the VEAP for 12 consecutive months and to initiate an allotment from his payroll for enrollment.

3.  He served through several reenlistments with no break in active duty service.  On 1 December 2005, he attained the rank of master sergeant/pay grade E-8.

4.  Orders 189-0279, Headquarters, U.S. Army Garrison, Fort Bragg, North Carolina, dated 7 July 2008, released the applicant from active duty effective 31 January 2009 and placed him on the Retired List effective 1 February 2009.

5.  A DD Form 1131, dated 12 October 2008, indicates the 126th Defense Military Pay Office, Fort Bragg, North Carolina, accepted the applicant's lump sum payment of $2,700.00 for the VEAP.

6.  Item 15a (Member Contributed to Post-Vietnam Era VEAP) of his DD Form 214 ending 31 January 2009 indicates he did not contribute to the VEAP.

7.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  It states, "If the Soldier contributed to VEAP and did not get money back, mark "YES."  For those who enlisted before 1984, contributed to VEAP, and received their money back, mark "NO."  For any Soldier who enlisted after 1985, mark "NO."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show he contributed to the VEAP.

2.  The available evidence clearly shows the applicant enlisted prior to 1984, served on active duty without break, and made a lump sum payment to the VEAP in the amount of $2,700.00 to his servicing military finance office prior to retirement.

3.  Participation in the VEAP required the Soldier to contribute for a 12-month period by an allotment from his Army pay.  The evidence shows the applicant did not do this.  However, because his lump sum payment toward the VEAP was accepted by the Defense Military Pay Office, he now should be considered to have met the requirements for enrollment in the VEAP.



BOARD VOTE:

____X___  ____X___  _____X__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing "YES" in item 15a of his DD Form 214 indicating he contributed to the VEAP.



      _______ _  X_______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20100023187



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ABCMR Record of Proceedings (cont)                                         AR20100023187



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