RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:                 12 JANUARY 2006
      DOCKET NUMBER:         AR20050004736


      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. Deyon D. Battle               |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Linda Simmons                 |     |Chairperson          |
|     |Mr. Rodney Barber                 |     |Member               |
|     |Ms. Rea Nuppenau                  |     |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 item 15a on his Certificate of Release or
Discharge from Active Duty (DD Form 214) be corrected to read “yes.”

2.  The applicant states that he made the lump sum payment required for
entitlement to education benefits under the post-Vietnam Era Veteran’s
Educational Assistance Program (VEAP).

3.  The applicant provides in support of his application, a copy of a
memorandum from the United States Total Army Personnel Command (PERSCOM),
dated 24 January 1995, approving his request for separation in accordance
with the Fiscal Year 1995 Enlisted Voluntary Early Release Program; a copy
of a Military Pay Voucher; and a printout of Payment Authorization.

CONSIDERATION OF EVIDENCE:

1.  On 16 March 1981, he enlisted in the United States Army Reserve (USAR)
for 6 years, in the pay grade of E-1.  At the time of his enlistment in the
USAR, he indicated that he was enlisting in the Army for the station of
choice enlistment option (Hawaii) and he did not indicate his desire to
contribute to the post-Vietnam era VEAP.  He enlisted in the Regular Army
on 15 March 1982, and he went on to successfully complete his training as a
light vehicle driver.  He remained on active duty through continuous
reenlistments.

2.  On 16 December 1994 the applicant applied for release from active duty
in accordance with the Early Release Program with Voluntary Separation
Incentive (VSI).  As part of his application, the applicant underwent
mandatory veteran's benefits counseling and he acknowledged that he
understood that he was not eligible to receive education benefits
(Montgomery GI Bill) at that time; and that he may however, enroll in the
MGIB upon approval of a voluntary separation.

3.  In a memorandum from PERSCOM dated 24 January 1995, the Commander, III
Corps and Fort Hood, Texas was notified that the applicant's request for
participation in the Early Release Program with VSI was approved and that
the law provided an opportunity for certain personnel to enroll in the MGIB
before being separated under a VSI.

4.  The Military Pay Voucher and Payment Authorization that the applicant
submitted in behalf of his application shows that on 28 April 1995, he made
a lump sum payment in the amount of $1,200.00, to the Defense Accounting
Office, Fort Hood, Texas, for enrollment in the MGIB.
5.  Accordingly on 30 April 1995, the applicant was released from active
duty under the provisions of Army Regulation 635-200, chapter 16-8, in
accordance with the Early Release Program.  He had completed 13 years, 1
month and 16 days of net active service and he was transferred to the USAR
Control Group (Reinforcement).  Item number 15a on the DD Form 214 that he
was furnished at the time of his release from active duty is checked “no”
and indicates that he did not contribute to the post-Vietnam era VEAP.

6.  Department of Veterans Affairs (VA) Pamphlet 80-98-1, Federal Benefits
for Veterans and Dependents, informs veterans and dependents of the variety
of federal benefits available.  It provides, in pertinent part, 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;
contributed to the VEAP while on active duty and before 1 April 1987; and
made a total contribution of no more than $2,700.00.

7.  The Education and Training section of the VA Pamphlet describes
specific categories of MGIB eligibility.  To be eligible under Category 1,
veterans must
(1) have served on active duty after 30 June 1985 and received an honorable
discharge; (2) not have declined the MGIB in writing upon entry onto active
duty; and (3) have had their military pay reduced by $100 a month for the
first 12 months of active duty.  After being honorably discharged veterans
can use the MGIB benefit upon completion of 3 years (continuously) of
active duty, or after only 2 years of continuous active duty if they first
signed up for less than 3 years of active duty or have an obligation to
serve 4 years in the Selected Reserve and enter the Selected Reserve within
1 year of release from active duty.

DISCUSSION AND CONCLUSIONS:

1.  It appears that the applicant enrolled in the MGIB, a separate program
from the (post-Vietnam era) VEAP.  He did not contribute to the VEAP in
accordance with VA Pamphlet 80-98-1 in that he did not make contribution to
the VEAP before 1 April 1987.

2.  In the memorandum dated 24 January 1995, he was informed that the law
provided for certain personnel to enroll in the MGIB before being separated
under a VSI and it was on 28 April 1995, 2 days prior to his release from
active duty, when he made a lump sum payment.  The lump sum payment was
made after 1 April 1987 and therefore, he did not contribute to the VEAP.

3.  The DD Form 214 is only meant to capture data on those who had
contributed to the VEAP not the MGIB.  Therefore, the information contained
on his DD Form 214 in regard to item number 15a is correct as currently
reflected.

4.  The applicant should submit his documentation to VA officials to
establish his entitlements to MGIB benefits.

5.  In order to justify correction of a military record the applicant must
show 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

____LS _  ___RB___  ___RN __  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.





                                  _____Linda Simmons_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004736                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060112                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19820315                                |
|DISCHARGE AUTHORITY     |AR 635-200, CH 16, PARA 16-8            |
|DISCHARGE REASON        |VSI                                     |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES         1.  189  |110.0000/SEPARATION DOCUMENT            |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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