RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 August 2006
      DOCKET NUMBER:  AR20050018240


      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:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Ms. Rose M. Lys                   |     |Member               |
|     |Mr. John G. Heck                  |     |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 16 (High School Graduate
or Equivalent), of his DD Form 214 (Certificate of Release or Discharge
from Active Duty), be corrected to show an "X" in the "Yes” block and to
show that he withdrew from the VEAP (Veterans’ Educational Assistance
Program) and received all monies returned to him while serving on active
duty (AD).

2.  The applicant states, in effect, that he was a high school graduate
prior to entry on AD and he now requires proof of no VEAP benefits awarded
for continuing education.

3.  The applicant provides a copy of his High School Equivalency Diploma,
dated 28 January 1983, a copy of his high school transcript, and a copy of
his DD Form 214, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 18 July 1986, the date of his discharge.  The application
submitted in this case is dated 15 December 2005.

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 he enlisted in the U. S. Army
Reserve (USAR) on 27 August 1982, for 6 years.  He entered AD on 23 June
1983, as a fighting vehicle infantryman (11M), for 4 years.  He was
advanced to pay grade E-3 effective 23 June 1984.  He continued to serve
until he was discharged on 18 July 1986 under the provisions of Army
Regulation 635-200, chapter 10, for the good of the service in lieu of
trial by court-martial, in the pay grade of E-1.

4.  Item 17 (Civilian Education and Military Schools), of his DA Form 2-1
(Personnel Qualification Record – Part II), shows he completed 4 years of
high school in 1983.

5.  Item 16 (High School Graduate or Equivalent), of his DD Form 214, shows
an "X" in the "NO" block.

6.  Item 13 (Education [Highest Grade Complete]), of his DD Form 1966/1
(Application for Enlistment – Armed Forces of the United States) shows the
entry "12."

7.  The applicant provides a copy of his High School Equivalency Diploma,
dated 28 January 1983, from the Vista Adult School, which verifies that he
had satisfactorily completed the course of study which was required for
high school graduation prior to entry on AD.

8.  The applicant provides a copy of his high school transcript, dated
11 January 1983, from the Vista Adult School, which shows that he had taken
the GED Test and acquired the equivalency of a high school education prior
to his entry on AD.

9.  The applicant's records contain a copy of a DD Form 1996/7 (Application
for Enlistment – Armed Forces of the United States), dated 27 August 1982.
Item j (Specific Option/Program Enlisted For) shows he enlisted for the
VEAP, for up to an award of $12,000.00.

10.  The applicant’s records contain a copy of a DA Form 3286-30-R
(Statement for Enlistment), dated 23 June 1983, which indicates that in
connection with the applicant's enlistment for 3 or more years, the
Department of the Army would pay an award of up to $12,000.00 into his VEAP
account maintained by the Veterans Administration (VA) according to the
number of months that he contributes to the VEAP.

11.  The applicant's records contain a copy of DA Form 2057 (Contributory
Educational Assistance Program/Statement of Understanding), dated 28 June
1983.  Part I states that, prior to entry on AD, the applicant was informed
that:
(a)  Once enrolled in the program, he must participate for at least
12 months, unless he is discharged or released from AD or allowed to
suspend participation or disenroll due to personal hardship; and (b) If
before completing 12 months participation, he disenrolled from the program
for any reason other than for reasons of personal hardship, only the amount
of money that he has contributed to the fund would be returned to him.  The
refund would normally be paid only after his discharge or release from AD,
although refunds could be made earlier in certain instances of hardship or
other good reason.
12.  The applicant's leave and earnings statements (LESs) and any other
official financial document which could provide verification of his
contributions/withdrawals are unavailable for review to show that he
contributed and withdrew from the VEAP and that all monies he contributed
to the program were return to him while serving on AD.

13.  The applicant's DD Form 214 shows in block 15 (Member Contributed to
Post-Vietnam era VEAP) that he did contribute to the Post-Vietnam era VEAP.


14.  Army Regulation 635-5 (Separation Documents) provides the standardized
policy for preparing and distributing the DD Form 214.  The regulation
provides, in pertinent part, that for item 15 (High School Graduate or
Equivalent), "yes" or "no" will be indicated in the appropriate box.

15.  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.

16.  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 (MGIB) and
the Army College Fund (ACF) Program.

17.  Under 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.
18.  VA Pamphlet 80-06-1 (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 resulting from general court-
martial may bar an applicant from receiving VA benefits.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant acquired his High
School Equivalency Diploma, on 28 January 1983, prior to his entry on AD.

2.  Item 13, of the applicant's DD Form 1966/1, shows the entry "12", which
indicates that he had completed 12 years of formal education and had been
awarded his high school equivalency diploma.  It appears that during
discharge processing this information was not transposed to his DD Form
214.  He is therefore entitled to correction of item 15, of his DD Form
214, to show that he completed high school or its equivalent.

3.  The evidence of record shows that the applicant enlisted for the VEAP,
and was entitled to be awarded $12,000 toward his education as stated on
his enlistment contracts with associated documents.  His DD Form 214
indicated that he did contribute to the Post-Vietnam era VEAP.

4.  The applicant asserts that he now requires proof of no VEAP benefits
awarded for continuing education.  However, his LESs and other official
financial documentation from which this information could be verified are
unavailable for review to show that he contributed and withdrew from the
VEAP and that all monies that he contributed to the program were return
to him while serving on AD.

5.  The Board notes that there is no evidence to show what total amount was
deducted from his pay for the VEAP or what total amount was returned to
him.  Therefore, there is an insufficient basis to correct his records to
show that he withdrew from the VEAP and received all monies returned to him
while on AD.

6.  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 with VA representatives concerns pertaining to
educational benefits.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__SLP __  ___RML_  ___JGH _  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 placing an “X” in the Yes block of item 15 (High
School Graduate or Equivalent), of his DD Form 214, to show that he
completed high school or its equivalent.

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 correction of his records to show that he withdrew from the VEAP and
all monies he contributed to the program were returned to him while he
served on AD.




                            _____Shirley L. Powell______
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050018240                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060815                                |
|TYPE OF DISCHARGE       |GD                                      |
|DATE OF DISCHARGE       |19860718                                |
|DISCHARGE AUTHORITY     |AR 635-200, chapter 10                  |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT/DENY                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |

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