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ARMY | BCMR | CY2004 | 20040010483C070208
Original file (20040010483C070208.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            13 September 2005
      DOCKET NUMBER:   AR20040010483


      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. Lisa O. Guion                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Mr. Robert L. Duecaster           |     |Member               |
|     |Ms. Jeanette R. McCants           |     |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, in effect, that Item 15a (Member Contributed to
Post-Vietnam Veteran's Educational Assistance Program-VEAP) of his
separation document (DD Form 214) be corrected to reflect "Yes" instead of
"No."

2.  The applicant states, in effect, that he paid the full $1,200.00 that
is required to receive VEAP educational assistance.

3.  The applicant provides his separation document and Leave and Earning
Statements (LESs) for July 2000 and September 2000 through May 2001 in
support of his application.

CONSIDERATION OF EVIDENCE:

1. The applicant’s record shows he enlisted in the Regular Army (RA) and
entered active duty on 21 April 2000.  He was trained in awarded and served
in military occupational specialty (MOS) 12B (Combat Engineer).

2.  The applicant continued to serve on active duty until he was honorably
separated, by reason of completion of required service, on 2 August 2004.
The DD Form 214 he was issued upon his separation shows he completed a
total of
4 years, 3 months, and 12 days active military service.  Item 15a of the
separation document contains an "X" in the "No" block, which indicates he
did not contribute to the VEAP.

3.  The applicant provides copies of his LES's showing he contributed
$100.00 each month for July 2000 and from September 2000 through May 2001,
to the Montgomery GI Bill (MGIB), totaling $1,000.00 in contributions.

4.  The Veterans’ Education Assistance Program (VEAP) was an educational
incentive program offered to individuals who enlisted between 1 January
1977 and 30 June 1985.  The program was designed for post-Vietnam era
Soldiers as a means of establishing a fund to support their educational
objectives following their military service.  For every dollar contributed
by a Soldier, the government matched with a two dollar contribution to the
individual's VEAP account.  Participation in the VEAP was a voluntary
option and was replaced, in July 1985, by the Montgomery GI Bill and the
Army College Fund Program.
5.  Army Regulation (AR) 635-5 prescribes standardized policy for preparing
and distributing the DD Form 214.  Paragraph 2-4h(15)(a), of this
regulation, states if a 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."

6.  The GI Bill, as outlined in Title 38, United States Code, chapter 30,
section 1411b, provided for Soldiers who entered the service after 30 June
1985 to contribute $1,200.00 to the program during their first 12 months of
service.  Participation in the program was automatic, unless the Soldier
voluntarily withdrew from the program at the time of processing into the
Army at a reception station.  Under normal situations, the $1,200.00
contribution was nonrefundable. The program was administered by the VA
after the Soldier was separated from active duty.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he contributed to the VEAP and the
evidence he submitted has been carefully considered.  However, there is
insufficient evidence to support this claim.

2.  By regulation, Item 15a of the separation document should be marked
"No" for any Soldier who enlisted in the Army after the year 1985.  The
applicant enlisted in the Army on 21 April 2000, after 1985, and therefore
he did not contribute to the VEAP.  As a result, the requested relief
cannot be granted.

3.  The applicant submitted evidence to show that he made contributions to
the MGIB totaling $1,000, which is $200.00 short of the requirement for
participation in that program.  The applicant is advised that if he can
provide proof that he met the MGIB criteria by receiving an honorable
discharge and that he paid the $1200.00 requirement; he should visit his
nearest VA regional office to determine the process for obtaining this
education benefit.

4.  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

___SLP _  __RLD___  ___JRM_  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.





            ___Shirley L. Powell_____
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040010483                           |
|SUFFIX                  |NA                                      |
|RECON                   |NO                                      |
|DATE BOARDED            |2005/09/13                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |2004/08/02                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Completion of required service          |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |103.0100                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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