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ARMY | BCMR | CY2005 | 20050003167C070206
Original file (20050003167C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 December 2005
      DOCKET NUMBER:  AR20050003167


      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. Prevolia A. Harper            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Richard T. Dunbar             |     |Chairperson          |
|     |Mr. James B. Gunlicks             |     |Member               |
|     |Mr. Scott W. Faught               |     |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 DD Form 214 (Certificate of
Release or Discharge from Active Duty) to show he completed high school and
that he contributed to the Montgomery G.I. Bill (MGIB).

2.  The applicant states that two errors were made on his DD Form 214.  He
further states that he graduated from Barnstable High School in 1998 and
that he contributed $1200 to the MGIB.

3.  The applicant provides a copy of his DD Form 214, a copy of his High
School Diploma, a Printout from the Education Management Information System
(EDMIS), and a DD Form 2366 (Montgomery GI Bill Act of 1984) in support of
his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 6 April 2001 for a period
of
4 years.  His enlistment contract shows that he enlisted for the Army
College Fund.  The applicant provided a copy of a DD Form 2366 (Montgomery
GI Bill Act of 1984).  This form shows the applicant enrolled in the MGIB
on
10 April 2001.

2.  The applicant’s enlistment contract shows that he was a high school
graduate. The applicant also provided a certificate which shows he
graduated from Barnstable High School in June 1998.

3.  Medical records show the applicant served in Operation Iraqi Freedom
(OIF) from January to August 2003.  However, deployment orders were not in
the available records.

4.  The applicant provided a copy of an EDMIS report regarding his MGIB
eligibility.  This document states that the applicant has completed 46
months of his 4 year enlistment and has met the time in service requirement
for MGIB purposes and should therefore retain his eligibility for full MGIB
benefits.

5.  On 31 January 2005, the applicant was honorably separated after
completing 3 years, 9 months, and 25 days of active military service.
Information concerning the MGIB is not entered on the DD Form 214.  Item
15a shows he did not contribute to the Post-Vietnam Era Veteran's
Educational Assistance Program (VEAP) and item 15B shows the applicant is
not a high school graduate.
6.  Army Regulation 635-5 prescribes the separation documents prepared for
Soldiers upon retirement, discharge, or release from active military
service or control of the Army.  It establishes standardized policy for the
preparation of the DD Form 214.  In pertinent part it states that the DD
Form 214 is a synopsis of the soldier’s most recent period of continuous
active duty.  It provides a brief, clear-cut record of active Army service
at the time of release from active duty, retirement or discharge.

7.  Army Regulation 635-5 also prescribes that an active duty Soldier
deployed with his or her unit during their continuous period of active
service, "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates) will
be entered in item 18.

8.  Department of Veterans Affairs Pamphlet 80-03-1, Federal Benefits for
Veterans and Dependents, informs veterans and dependents of the variety of
federal benefits available.  In pertinent part, it states that
servicepersons were eligible to enroll in the VEAP if they entered active
duty for the first time after      31 December 1976 and before 1 July 1985.
 The MGIB provides a program of education benefits to individuals who enter
active duty for the first time after       30 June 1985 and receive an
honorable discharge.

DISCUSSION AND CONCLUSIONS:

1.  There are several errors on the applicant's DD Form 214 for the period
ending 31 January 2005.

2.  Records show the applicant participated in the MGIB.  However, item 15a
of his DD Form 214 is for the VEAP.  While it is not clear what the
applicant means by this request, presumably he meant item 15a of the DD
Form 214 should show his MGIB deductions.  However, that item is meant to
reflect only information concerning the VEAP, not the MGIB.  Since he did
not meet the eligibility criteria for participation in the VEAP, the
instructions were to enter "NO" in this item, which was correctly done.

3.  The applicant provided a certificate showing that he graduated from
Barnstable High School in June 1998.  Additionally, his enlistment contract
shows he was a high school graduate at the time of his enlistment.
Therefore, his DD Form 214 should be corrected in item 15b to show high
school graduate.




4.  Item 12f of the applicant's DD Form 214 for the period ending 31
January 2005 should reflect the time he spent while deployed overseas.
While it is evident that the applicant served in Iraq from January 2003 to
August 2003, the specific dates are not available.  The applicant may
reapply to the Board if he can produce orders which show his specific dates
of deployment.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__RTD __  __JBG __  __SWF__  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.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by correcting item 15b of his DD Form 214 to show he
was a high school graduate.

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
correcting item 15a to show his MGIB deductions.






                                  ____Richard T. Dunbar____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003167                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051208                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT-Partial)                         |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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