RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 October 2006
      DOCKET NUMBER:  AR20060002359


      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             |
|     |Mr. G. E. Vandenberg              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James B. Gunlicks             |     |Chairperson          |
|     |Mr. Michael J. Flynn              |     |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 that his DD Form 214 (Certificate of Release or
Discharge from Active Duty) be corrected to show his correct date of birth
and to show he contributed to the Post-Vietnam Era Veterans Education
Assistance Program (VEAP).

2.  The applicant states that the month and day of his birth are reversed
on the 28 May 2000 DD Form 214 and that the wrong box, at item 15a on his
discharge documents, was checked indicating he had not contributed to the
Montgomery GI Bill.

3.  The applicant provides copies of a Certificate of Live Birth, a DD Form
2366 (Veterans Education Assistance Act of 1984 (GI Bill)), and a 21 April
1993 DA Form 3286-67 (Statement of Understanding).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error which occurred
on 28 May 2000, the date of his discharge.  The application submitted in
this case is dated 7 January 2006, but was not received until 7 February
2006.

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 limitation 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 records show the applicant enlisted in the United States Army
Reserve (USAR) and entered his initial period of active duty for training
(IADT) on 25 June 1991.  He completed his required period of IADT and was
released from active duty back to his USAR unit on 20 September 1991.

4.  A DD Form 214, issued 20 September 1991, lists his date of birth as 2
July 1972 and indicates, at item 15a, that he had not contributed to the
Post-Vietnam Era Veterans Education Assistance Program.

5.  The applicant enlisted in the Regular Army on 16 January 1993.  The
enlistment documentation completed at this time, including a copy of his
birth certificate, lists the applicant's date of birth as 2 July 1972.
6.  A DA Form 3286-67, dated 21 April 1993, indicates the applicant
enlisted with entitlement to Montgomery GI Bill.

7.  The DD Form 2366, dated 15 June 1993, indicates the applicant enlisted
with automatic enrollment in the Montgomery GI Bill.  The section for
voluntary disenrollment is blank.

8.  The applicant was honorably discharged on 28 May 2000.  The DD Form 214
issued at that time lists his date of birth as 19720207 (YYYYMMDD) or
7 February 1972.  It also indicates, at item 15a, that he had not
contributed to the VEAP.

9.  Title 38 United States Code, Chapter 30 lists the qualification for the
Montgomery GI Bill as: entrance into the service for the first time after
30 June 1985; reduction of military pay by $100 a month for first 12
months, continuous serve for 3 years, or 2 years if that is what first
enlisted for, or 2 years under the Selected Reserve within a year of
leaving active duty and served 4 years ("2 by 4" Program).  An Honorable
discharge is mandatory, separation with a General, under Honorable
Conditions does not qualify

10.  Title 38 United States Code, Chapter 32 lists the eligibility
requirements for the Post-Vietnam Veterans Educational Assistance Program
(VEAP).  Qualification for the VEAP requires: entrance into the service for
the first time between 1 January 1977 and 30 June 1985; opened a
contribution account before 1 April 1987; voluntarily contributed from $25
to $2,700; completed your first period of service; and were discharged or
released from service under conditions other than dishonorable

11.  Army Regulation 635-5 (Separation Documents), paragraph 2-4
(Completing the DD Form 214), item 15a (POST-VIETNAM Veterans Educational
Assistance Program) is to be marked "NO" if a Soldier who enlisted before
1984, contributed to VEAP, and received their money back; and for any
soldier who enlisted after 1985.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's 28 May 2000 DD Form 214 incorrectly lists his date of
birth as 19720207 (7 February 1972) and should be corrected to 19720702 (2
July 1972).



2.  The VEAP and Montgomery GI Bill are two separate educational programs.
The entry on the DD Form 214, at item 15a, refers to contributions to the
VEAP not the Montgomery GI Bill.  Since the applicant entered active duty
after the VEAP ended, the entries at Item 15a on his DD Forms 214 are
correct.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__JBG __  __MJF __  __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 his 28 May 2000 DD Form 214 to show a
date of birth of 19720702 (2 July 1972)

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 the DD Forms 214 to show he contributed to post Vietnam Veterans
Education Assistance Program.




                                  ___James B. Gunlicks __
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060002359                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061005                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |103                                     |
|2.                      |100                                     |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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