Search Decisions

Decision Text

ARMY | BCMR | CY2005 | 20050000427C070206
Original file (20050000427C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        30 AUGUST 2005
      DOCKET NUMBER:  AR20050000427


      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. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Paul Smith                    |     |Chairperson          |
|     |Ms. Yolanda Maldonado             |     |Member               |
|     |Mr. Leonard Hassell               |     |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 her 2001 separation document be corrected
to reflect that she participated in the VEAP (Veteran's Educational
Assistance Program), that she is entitled to a second award of the National
Defense Service Medal and any other awards authorized for active duty
Soldiers.

2.  The applicant also requests verification and issuance of the Cold War
Recognition Certificate.

3.  The applicant states she participated in both VEAP and the MGIB
(Montgomery GI Bill) program and did not notice the omission on her
separation document until recently.

4.  She states she was on active duty between 1980 and 2001 and as such,
believes she is entitled to a Cold War Recognition Certificate and because
she was on active duty on 11 September 2001 she is entitled to a second
award of the National Defense Service Medal.

5.  The applicant provides a copy of her 2001 separation document and
copies of her pay vouchers confirming her participation in the VEAP and the
MGIB program.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 30 November 2001.  The application submitted in this case
is dated
27 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 has requested award of the Cold War Recognition
Certificate.  The Award of the Cold War Recognition Certificate is not
governed by the provisions of Army Regulation 600-8-22 (Military Awards)
and, as a result, is not shown on a discharge document.  In accordance with
section 1084 of the Fiscal Year 1998 National Defense Authorization Act,
the Secretary of Defense approved awarding the Cold War Recognition
Certificate to all members of the armed forces and qualified federal
government civilian personnel who faithfully and honorably served the
United States anytime during the Cold War era, which is defined as
2 September 1945 to 26 December 1991.  The applicant may submit a request
in writing to CDR, AHRC, Cold War Recognition, Hoffman II, Attn: AHRC-CWRS,
3N45, 200 Stovall Street, Alexandria, VA 22332-0473.  Based on this
information, the applicant’s request for the Cold War Recognition
Certificate is not discussed any further.

4.  Records available to the Board indicate the applicant entered active
duty on 14 November 1980 and served continuously until her retirement for
length of service on 30 November 2001.  Item 15a (Member Contributed To
Post-Vietnam Era Veteran's Education Assistance Program) on her 2001
separation document is marked "NO."

5.  An October 1991 pay voucher confirmed the applicant's participation in
the VEAP and noted she had $8100.00 in her account at the time.  Pay
vouchers between March 1997 and February 1998 confirmed her monthly
contribution of $100.00 to the MGIB program.

6.  The VEAP was an educational incentive program offered to individuals
who enlisted between 1 January 1977 and 30 June 1985.  The program was
designed for the post-Vietnam era soldier 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 (Chapter 30 of Title 38 U.S. Code).  VEAP participants,
with money in their VEAP accounts, became eligible for the MGIB program if
they were on active duty on 9 October 1996, elected to participate in the
MGIB program by 9 October 1997, and paid $1200.00 into the MGIB program.
If the full $1200.00 was not collected while an individual was in service,
the Department of Veterans Affairs could collect the remainder.

7.  During the applicant's period of military service she served one tour
of duty in Korea between February and December 1985.

8.  Army Human Resources Command Message (Date Time Group 9 February 2004)
published implementing instructions for award of the Korea Defense Service
Medal.  This message specified criteria for the award of the Korea Defense
Service Medal as follows:  a) service members of the armed forces must have
served in support of the defense of the Republic of Korea from 28 July 1954
through a future date to be determined by the Secretary of Defense;  b) the
area of eligibility encompasses all land area of the Republic of Korea, and
the contiguous water out to 12 nautical miles, and all air spaces above the
land and water areas;  c) service members must have been mobilized with
units or assigned or attached to units operating in the area of eligibility
and have been physically deployed in the area of eligibility for 30
consecutive or 60 non-consecutive days.

9.  Army Regulation 600-8-22 (Military Awards) as amended provides that the
National Defense Service Medal is awarded for honorable active service for
any period between 27 July 1950 through 27 July 1954, 1 January 1961
through 14 August 1974, 2 August 1990 through 30 November 1995 and 11
September 2001 to a date to be determined.  This regulation also provides
that the second and subsequent awards of the National Defense Service Medal
are denoted by a bronze service star affixed to the National Defense
Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms that the applicant was a VEAP participant and as
such, item 15a on her 2001 separation document should be corrected to
reflect "YES" vice "NO."

2.  The evidence also confirms that the applicant was on active duty on
11 September 2001 as is therefore entitled to a second award of the
National Defense Service Medal.

3.  The evidence confirms that the applicant served in Korea and meets the
eligibility criteria for award of the Korea Defense Service Medal.  Her
records should be corrected to reflect that medal.

BOARD VOTE:

___PS __  ___YM __  __LH ___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for 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 in item 15a of her 2001 separation document that she
did participate in the VEAP;


      b.  by showing that she is entitled to a second award of the National
Defense Service Medal; and


      c.  by showing that she is entitled to the Korea Defense Service
Medal.






                            _______Paul Smith__________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050000427                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050830                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |110.00                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]


Similar Decisions

  • CG | BCMR | Education Benefits | 2011-243

    Original file (2011-243.pdf) Auto-classification: Denied

    DEPARTMENT OF HOMELAND SECURITY BOARD FOR CORRECTION OF MILITARY RECORDS Application for the Correction of the Coast Guard Record of: BCMR Docket No. VIEWS OF THE COAST GUARD On October 20, 2011, the Judge Advocate General (JAG) of the Coast Guard submitted an advisory opinion recommending that the Board deny relief in accordance with a memorandum submitted by the Commander, Personnel Service Center (PSC). Block 18 of the DD 214 correctly includes the following comment with regard to MGIB:...

  • ARMY | BCMR | CY2009 | 20090020469

    Original file (20090020469.txt) Auto-classification: Approved

    The applicant's military records contain a DD Form 2366 showing he enrolled in the MGIB on 18 September 2000. Although the applicant's record does not contain documentation showing he served in Afghanistan, the Service Member Deployment History Outprocessing Verification provided by counsel shows the applicant was present for duty for 130 days in Kandahar, Afghanistan during the period 2 February 2002 to 12 June 2002. The evidence of record shows the applicant enrolled in the MGIB on 18...

  • ARMY | BCMR | CY2014 | 20140007876

    Original file (20140007876.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). Although she entered active duty prior to 30 June 1985, there is no evidence in the available record and the applicant did not provide any evidence that she contributed any money towards a post–Vietnam era VEAP. The applicant provides insufficient evidence for the Board to establish the correct entry.

  • ARMY | BCMR | CY2010 | 20100021736

    Original file (20100021736.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show any awards and decorations and that he contributed to the MGIB. This form also shows in: a. Army Regulation 600-8-22 (Military Awards) states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.

  • ARMY | BCMR | CY2004 | 20040010483C070208

    Original file (20040010483C070208.doc) Auto-classification: Denied

    Jeanette R. McCants | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. 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." By regulation, Item 15a of the separation document should be marked "No" for any Soldier who enlisted in the Army after the year 1985.

  • ARMY | BCMR | CY2008 | 20080007004

    Original file (20080007004.txt) Auto-classification: Denied

    The applicant states, in effect, that his DD Form 214 indicates he did not have MGIB benefits, but he did in fact pay into it. The applicant provides his DD Form 214 in support of his application. The applicant's record contains a MGIB enrollment form (DD Form 2366) and a Statement of Understanding (DA Form 3286), labeled Annex B, which were completed on 4 June 2002, during his enlistment processing.

  • ARMY | BCMR | CY2007 | 20070004981

    Original file (20070004981.txt) Auto-classification: Denied

    The applicant states that his DD Form 214 does not show that he contributed to Post-Vietnam Era Veterans’ Educational Assistance Program. The DD Form 214 in use at the time of the applicant’s discharge from active duty is not designed to show an individual’s contribution to the MGIB. In view of the foregoing, the applicant’s DD Form 214, Item 15a (Member Contributed to Post-Vietnam Era Veteran’s Educational Assistance Program) is properly marked “No.” Therefore, considering all the...

  • ARMY | BCMR | CY2011 | 20110018541

    Original file (20110018541.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she contributed to the Montgomery GI Bill (MGIB). With respect to an entry regarding the MGIB on the DD Form 214, there is no provision in the regulation that governs the DD Form 214 to annotate an entry regarding the MGIB on this form.

  • ARMY | BCMR | CY2001 | 2001057772C070420

    Original file (2001057772C070420.rtf) Auto-classification: Denied

    The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 20 March 2001 she submitted a MGIB enrollment application (DD Form 2366) to convert her VEAP to the MGIB. In order for the applicant to receive her benefits under the MGIB, she simply has to submit the same documents she has submitted to this Board, to DVA officials to establish her entitlements to benefits under that program.

  • ARMY | BCMR | CY2009 | 20090017952

    Original file (20090017952.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 30 January 2004 to show his service in Kosovo and Iraq and all awards and decorations associated with this service. c. The Kosovo Campaign Medal is awarded to members of the Armed Forces of the United States who, after 24 March 1999, participated in or served in direct support of Kosovo Operation(s): Allied Forge (24 March 1999 through 10 June 1999); Operation...