RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 8 May 2007
DOCKET NUMBER: AR20060015837
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. Gerard W. Schwartz
Acting Director
Mr. G. E. Vandenberg
Analyst
The following members, a quorum, were present:
Ms. Linda D. Simmons
Chairperson
Mr. Jerome L. Pionk
Member
Mr. Eddie L. Smoot
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 the entry at block 15a on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he contributed to the Post-Vietnam Era Veterans Educational Assistance Program (VEAP).
2. The applicant states he did contribute to the educational assistance program and needs the record corrected to allow him to use his educational benefits.
3. The applicant provides copies of a DD Form 2366 (Veterans' Educational Assistance Act of 1984 [New GI Bill]), a DA Form 3686-1 (Jumps Army Leave and Earnings Statement [LES]), and his 6 December 1995 DD Form 214.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which occurred on 6 December 1995, the date of his discharge. The application submitted in this case was received on 13 November 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 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 applicants failure to timely file.
3. The records show the applicant entered active duty on 25 June 1991 and was honorably discharged on 6 December 1995.
4. At the time of his entry onto active duty he completed a DD Form 2366 requesting participation in the Veterans' Educational Assistance Act of 1984 (New GI Bill). In the statement of understanding the applicant was advised that he had 10 years from the date of separation to utilize his benefits.
5. The LES provided shows contribution of $100.00 toward the GI Bill.
6. The DD Form 214, block 15a, indicates the applicant did not participate under the Post-Vietnam Era Veterans Educational Assistance Program.
7. Army Regulation 635-5 (Separation Documents) states that item 15a is to denote participation in the POST-VIETNAM Veterans' Educational Assistance Program (VEAP). It indicates that if a Soldier contributed to 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."
DISCUSSION AND CONCLUSIONS:
1. The New GI Bill and the VEAP are two separate and distinct programs. The applicant did not enter active duty until seven years after the end of the VEAP. He participated under the New GI Bill, not the VEAP.
2. The indication on the DD Form 214 that the applicant did not contribute under the VEAP is correct and no correction is warranted.
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, 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.
4. Records show the applicant should have discovered the alleged error or injustice now under consideration on 6 December 1995; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 5 December 1998. The applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to timely file in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__LDS___ __JLP __ __ELS__ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that 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.
2. As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law. Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned.
___ Linda D. Simmons___
CHAIRPERSON
INDEX
CASE ID
AR20060015837
SUFFIX
RECON
DATE BOARDED
20070508
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
103
2.
3.
4.
5.
6.
ARMY | BCMR | CY2006 | 20060013602
The applicant requests that item 15a (Member Contributed to Post-Vietnam Era Veteran's Educational Assistance Program (VEAP)) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show "Yes" instead of "No." The applicant provides a DA Form 3286-66 (Statement of Understanding, United States Army Incentive Enlistment Program); the reverse side of a DA Form 3286-67 (Statement of Understanding Army Policy); a copy of his DD Form 214; and a DD Form 2366...
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 | CY2007 | 20070001132
The applicant requests that item 15a (Member Contributed to Post-Vietnam Era Veterans Educational Assistance Program (VEAP)) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show Yes instead of No; and that item 17 (Member Was Provided Complete Dental Examination and All Appropriate Dental Services and Treatment Within 90 Days Prior to Separation) be corrected to show No instead of Yes. 2. For any Soldier who enlisted after 1985, mark "NO"...
ARMY | BCMR | CY2002 | 2002068204C070402
I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. APPLICANT REQUESTS: In effect, that the last name in her records, to include her separation document (DD Form 214) be corrected to show her married name; and that Item 15a (Member Contributed to Post Vietnam Era Veteran’s Educational Assistance Program-VEAP) of her DD Form 214 be corrected. Bill, and that the “No” entry contained...
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.
ARMY | BCMR | CY2006 | 20060017509
The applicant's military service records contain a copy of a DD Form 214, with an effective date of 31 December 2003, that shows he was honorably retired from active duty after completing a total of 20 years and 19 days active service. The evidence of record shows that the applicant enrolled in the New GI Bill (i.e., the MGIB) on 3 March 1997. The DD Form 214 in use at the time of the applicants retirement from active duty is not designed to show an individuals contribution to the MGIB.
ARMY | BCMR | CY2006 | 20060002359C070205
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). 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. The Board determined that the evidence presented was sufficient...
ARMY | BCMR | CY2009 | 20090016737
Application for correction of military records (with supporting documents provided, if any). Paragraph 2-4 (Completing the DD Form 214) of the separation documents regulation, contains item-by-item instructions for completing the DD Form 214. However, the DD Form 214 in use at the time of the applicants separation from active duty is not designed to show an individuals contribution to the MGIB.
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 | 20080008529
The applicant requests, in effect, correction of his discharge document to show he contributed to the Veterans Educational Assistance Program (VEAP). Therefore, considering all the evidence and information presented by the applicant, together with the evidence of record, there is no basis for granting the applicant's request for correction of Item 15a of his DD Form 214. While the Board does not dispute the fact that the applicant was told that his discharge document contained an error...