RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 15 March 2007
DOCKET NUMBER: AR20060010183
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.
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 her DD Form 214 (Certificate of Release or Discharge From Active Duty) be corrected to show that she contributed to the Montgomery G.I. Bill (MGIB).
2. The applicant essentially states that her military records are wrong, she contributed $1,200.00 to the MGIB and she is entitled to benefits.
3. The applicant provides an e-mail from the Defense Finance and Accounting Service (DFAS) confirming the applicant contributed a total of $1,200.00 towards the MGIB from 1 October 2001 to 30 September 2002 in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which occurred on
9 May 2004, the date of her release from active duty. The application submitted in this case is dated 16 July 2006.
2. The applicants official military personnel file does not contain a properly signed and executed DD Form 2366 (Montgomery G.I. Bill Act of 1984 [MGIB]). However, the applicant provided an e-mail from DFAS which clearly shows she contributed a total of $1,200.00 towards the MGIB from 1 October 2001 to
30 September 2002
3. Paragraph 2-4 of Army Regulation 635-5 (Separation Documents) states, in pertinent part, that in Item 15a of the DD Form 214, if a Soldier contributed to the Veterans Educational Assistance Program (VEAP) and did not get money back, mark "Yes." For those who enlisted before 1984, contributed to VEAP, and received their money back, mark "No." For any Soldier who enlisted after 1985, mark "No."
4. MGIB benefits are administered by the Department of Veterans Affairs (DVA), and the DVA administers its benefit programs under its own regulations and policies.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that her DD Form 214 should be corrected to show that she contributed to the MGIB.
2. Army Regulation 635-5 clearly states, in pertinent part, that an entry of No is the only possible entry in Item 15a of the DD Form 214 for a Soldier who entered active duty after 1985. Also, there is no regulatory requirement to include a statement on the DD Form 214 which shows whether or not a Soldier contributed to the MGIB or not. Therefore, there is no basis for correcting the applicants
DD Form 214 to show that she paid into the MGIB.
3. As MGIB benefits are administered by the DVA under its own regulations and policies, if the applicant wishes to apply for MGIB benefits, she should complete and submit a VA Form 22-1990 (Application for VA Education Benefits) to the DVA.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___MP __ __LR ___ ___RB __ 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.
____Margaret Patterson_____
CHAIRPERSON
INDEX
CASE ID
AR20060010183
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070315
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
AR 15-185
ISSUES 1.
103.0100.0000
2.
3.
4.
5.
6.
ARMY | BCMR | CY2006 | 20060013256
x The Board considered the following evidence: Exhibit A - Application for correction of military records. Also, there is no regulatory requirement to include a statement on the DD Form 214 which shows whether or not a Soldier contributed to the MGIB or not. Therefore, there is no basis for correcting the applicants DD Form 214 to show that he paid into the MGIB.
ARMY | BCMR | CY2011 | 20110018541
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.
CG | BCMR | Education Benefits | 2011-243
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 | CY2010 | 20100015764
b. Paragraph 2-4 (Completing the DD Form 214) contains item-by-item instructions for completing the DD Form 214. The applicant contends that item 15a of his DD Form 214 should be corrected to show he contributed to the Veteran's Educational Assistance Act (New GI Bill) so that he will not be denied educational benefits. The evidence of record shows the applicant's DD Form 214, item 15a, is properly marked "No."
ARMY | BCMR | CY2004 | 20040010483C070208
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
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 | CY2002 | 2002077598C070215
In that rebuttal she states that a memorandum prompted her to start an MGIB account, and submits a notification of a document titled “VEAP to MGIB Bill Conversion Open Season.” In that document it was stated that to be eligible for the conversion, a soldier had to be a VEAP participant on 9 October 1996. VEAP-era service members who never opened a VEAP account have no educational benefits as a veteran. If the applicant had proven that she had opened a VEAP account by making a deposit prior...
ARMY | BCMR | CY2007 | 20070004981
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 applicants discharge from active duty is not designed to show an individuals contribution to the MGIB. In view of the foregoing, the applicants DD Form 214, Item 15a (Member Contributed to Post-Vietnam Era Veterans Educational Assistance Program) is properly marked No. Therefore, considering all the...
ARMY | BCMR | CY2009 | 20090013173
Application for correction of military records (with supporting documents provided, if any). The applicant's military personnel records show she enlisted in the Regular Army on 9 August 1989 for a period of 6 years. The applicant's records show she elected the New MGIB and paid $1,200 during her first 12 months of active service.
ARMY | BCMR | CY2009 | 20090004430
The applicant requests correction of item 15a (Member Contributed to Post-Vietnam Era Veteran's Educational Assistance Program (VEAP)) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show "Yes" instead of "No." The applicant provides a copy of his DD Form 214, dated 14 April 2003, in support of his request. The applicant contends that his DD Form 214 should be corrected to show he contributed to the VEAP.