IN THE CASE OF:	  

		BOARD DATE:	  26 April 2011

		DOCKET NUMBER:  AR20100024989 


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, in effect, that his records be corrected to show he deposited $600.00 in his Post-Vietnam Era Veteran's Educational Assistance Program (VEAP) account.

2.  The applicant states when he was processing for retirement, he made a $600.00 lump sum payment to his VEAP account.  However, it was erroneously put in a non-existent Montgomery GI Bill (MGIB) account for him.

3.  The applicant provides a DD Form 1131, dated 28 February 2005; a cancelled check from him in the amount of $600.00 made payable to the Treasurer of the United States, dated 28 February 2005; a letter from the Defense Finance and Accounting Service, dated 22 February 2010; and a copy of email.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he enlisted in the Regular Army on 9 September 1983, was awarded the military occupational specialties of administrative specialist and military police, and was promoted to pay grade E-7.

2.  He was honorably retired from active duty on 28 February 2005 and placed on the Retired List the following day.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) is marked "no" in item 15a (Member Contributed to Post-Vietnam Era Veteran's Educational Assistance Program).

3.  The applicant's records contained in the interactive Personnel Electronic Records Management System show he did not convert his VEAP to the MGIB.

4.  The DD Form 1131 provided by the applicant shows he deposited $600.00 for the purpose of an MGIB lump sum payment.

5.  The MGIB, as outlined in Title 38, U.S. Code, chapter 30, provides for Soldiers who entered the service after 30 June 1985 to contribute $1,200.00 during their first 12 months of service.  After completion of their service obligation, Soldiers are entitled to up to 36 months of educational benefits.  The program is administered by the Department of Veterans Affairs (VA). 

6.  The VEAP was established and implemented on 1 January 1977 as a contributory education program designed to replace the Vietnam era (pre-1977) GI Bill.  Any Soldier entering the service between 1 January 1977 and 30 June 1985 was eligible to participate in the program.  The Soldier was required to contribute between $50.00 and $75.00 (later increased to $100.00) for a minimum of 12 months during his or her period of service.  The Army matched $2.00 for each $1.00 contributed by the Soldier.  The maximum educational assistance that could be received by the Soldier was $8,100.00 for a 3-year enlistment or $7,200.00 for a 2-year enlistment.  Service must have been under honorable conditions.  The benefits aspects of the program are operated by the VA after the Soldier is released from active duty.  The Soldier's participation in the program was evidenced by a "yes" or "no" entry in item 15 of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  Since the applicant enlisted prior to the MGIB and he did not convert his VEAP to MGIB, there would be no purpose in making a lump sum payment to the MGIB.

2.  As such, it is apparent the DD Form 1131, dated 28 February 2005, erroneously shows the applicant made a $600.00 lump sum payment to the MGIB.  It should have said the applicant made a $600.00 lump sum payment to the VEAP.

3.  Since the applicant contributed to the VEAP, item 15a of his DD Form 214 should be marked "yes."


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:

	a.  changing the DD Form 1131, dated 28 February 2005, to show the applicant made a $600.00 lump sum payment to the VEAP and

	b.  changing item 15a of his DD Form 214 to show it is marked "yes."



      _______ _  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)                                         AR20100024989



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ABCMR Record of Proceedings (cont)                                         AR20100024989



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