RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 September 2005
      DOCKET NUMBER:  AR20040011595


      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. Joyce A. Wright               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Ms. Barbara J. Ellis              |     |Member               |
|     |Mr. Richard T. Dunbar             |     |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 correction of his records to show that he served
in Korea and to show that he paid into the Veterans Educational Assistance
Program (VEAP).

2.  The applicant states that his records failed to show his service in
Korea or to show that he contributed to VEAP.

3.  The applicant provides a copy of his DD Form 214 (Certificate of
Release or Discharge from Active Duty) in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 1 May 1999, the date he was placed on the temporary disability
retired list (TDRL).  The application submitted in this case is dated
2 December 2004.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's military records show that he enlisted in the U.S. Army
Reserve (USAR) on 8 May 1997, for a period of 8 years.  He entered active
duty (AD) on 24 June 1997, as a chemical operations specialist (54B), for a
period of 3 years.  He was promoted to private first class (PFC/E-3)
effective 24 June 1998.

4.  Item 12f (Foreign Service), of the applicant’s DD Form 214, shows the
entry
"0000 00 00."

5.  Item 5 (Overseas Service) of the applicant’s DA Form 2-1 (Personnel
Qualification Record - Part II) failed to show that he served in Korea.
Item        35 (Record of Assignment) shows that he was assigned to the 4th
Chemical Company, Camp Casey, Korea, effective 26 November 1997.



6.  The applicant's LESs for December 1997 through January 1999 show
service in Korea.  Page 2 of his LES, for December 1997, shows that his
cost of living allowance (COLA) began on 24 November 1997 for Korea.  Page
2 of his LES, for January 1999, shows that his COLA rate changed on
1 January 1999.

7.  The applicant’s official military personnel file (OMPF) contains a copy
of a      DA Form 3286-67 (Statement of Understanding), dated 8 May 1997,
which shows that the applicant enlisted for the Montgomery GI Bill (MGIB).
It also contains a copy of his DD Form 2366 (MGIB) that shows he was
enrolled and contributed to the MGIB Program.

8.  The applicant's medical records, medical evaluation board (MEB), and
physical evaluation board (PEB) are unavailable for review.

9.  On 2 May 1999, the applicant was released from AD due to physical
disability which he incurred while entitled to basic pay.  He was placed on
the TDRL with a 30% disability, in the rank of PFC.  He had completed
1 year, 10 months, and 8 days (22 months) of creditable service on the date
of his separation.

10.  The applicant's leave and earning statements (LESs) for the period
July 1997 through May 1999 were provided by the Defense Finance and
Accounting Service (DFAS), Indianapolis.  His LESs for the period July
through June 1998 shows that he contributed $100.00 per month to the MGIB
Program for a period of 1 year.

11.  The applicant's DD Form 214 shows in block 15a (Member Contributed to
Post-Vietnam ERA VEAP) that he did not contribute to the Post-Vietnam ERA
VEAP.

12.  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.





13.  Under Department of Veterans Affairs (VA) regulations, service members
must serve at least 20 months of a service obligation of less than 3 years,
or 30 months of a service obligation of 3 years or longer to be eligible to
qualify for the MGIB.  There are only four exceptions: 1) a discharge for a
service-connected disability; 2) a hardship discharge; 3) a discharge for a
pre-existing medical condition; or, 4) an involuntary separation due to
reduction in force.  In all cases, the Soldier’s service must be considered
fully honorable.

14.  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.

15.  VA Pamphlet 80-05-1 (Federal Benefits for Veterans and Dependents)
describes the variety of Federal benefits available to veterans and their
dependents.  Eligibility for most benefits is based upon discharge from
active military service under other than dishonorable conditions.
Honorable and general discharges qualify a veteran for most VA benefits.
Dishonorable and bad conduct discharges issued which result from general
court-martial may bar VA benefits.

16.  Army Regulation (AR) 635-5 prescribes standardized policy for
preparing and distributing the DD Form 214.  Paragraph 2-4h(12)(f), of this
regulation, states that the total amount of foreign service completed
during the period covered will be entered.  Information will be taken from
the Soldier's Enlisted Record Brief or the Officer Record Brief.  It also
provides instructions for entry of HQDA-mandated information / data in the
Remarks block (Item 18) when a separate block is not available and, as a
space for the continuation of entries from blocks 11, 13, and 14.  Among
the HQDA-mandated information / data to be entered in Item 18 is service in
a country or countries to which a Soldier is deployed with his unit.  The
entry will include the following text:  "SERVICE IN (NAME OF COUNTRY
DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."






DISCUSSION AND CONCLUSIONS:

1.  The applicant's DA Form 2-1 shows that he was assigned to the 4th
Chemical Company, Camp Casey, Korea, effective 26 November 1997.  His LES
for December 1997 shows that his COLA began on 24 November 1997 for Korea
and was terminated on 1 January 1999, as evident by his January 1999 LES.

2.  This evidence clearly shows that he served in Korea from 26 November
1997 to 1 January 1999, for a total of 1 year, 1 month, and 6 days of
foreign service. This evidence, by itself, is sufficient to correct his
records to show his foreign service in Korea.  Therefore, applying current-
day standards, as an exception to policy, he is entitled to correction of
item 12f (Foreign Service) to show the entry "0001 01 06 (1 year, 1 month,
and 6 days) and item 18 (Remarks) of his DD Form 214, to show the entry
"SERVICE IN KOREA FROM 19971126-19990101" (26 November 1997 - 1 January
1999).

3.  Contrary to the applicant's assertions that he contributed to VEAP, the
evidence shows that he enlisted and contributed to the MGIB during his
first 12 months of AD.  He was released from AD due to physical disability
which was incurred in the line of duty while entitled to basic pay and he
was placed on the TDRL.  The evidence confirms that he had completed only
22 months of the    30-month service obligation to be eligible for MGIB
educational benefits, but because he was discharged under exception "1"
under the applicable VA regulation, it appears he has met the criteria for
MGIB.

4.  It is noted that eligibility for education benefits does not fall
within the purview of the Army Board for Correction of Military Records
(ABCMR).  Therefore, the applicant must visit the nearest VA regional
office to discuss his concerns pertaining to educational benefits.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___sk___  ___bje___  ___rtd___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected:

      a.  by showing the entry "0001 01 06" in item 12f, of his DD Form
214; and

      b.  by showing the entry “SERVICE IN KOREA 19971126-19990101" in item
18 (Remarks) of his DD Form 214.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
any correction to his record to show that he paid into the VEAP; however,
the Board strongly recommends that the applicant see a VA Counselor for
information pertinent to his qualification to receive MGIB educational
benefits.




                                  __________Stanley Kelley_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040011595                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050901                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19990501                                |
|DISCHARGE AUTHORITY     |AR 635-40                               |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |

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