RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  26 June 2007
	DOCKET NUMBER:  AR20060017509 


	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.  


Ms. Catherine C. Mitrano

Director

Mr. John J. Wendland, Jr.

Analyst


The following members, a quorum, were present:


Mr. James E. Anderholm

Chairperson

Mr. Jerome L. Pionk

Member

Ms. Jeanette B. McPherson

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, correction of his discharge document to show he contributed to the Veteran’s Educational Assistance Program (VEAP).

2.  The applicant states, in effect, that he contributed to the VEAP, but then converted to the Montgomery GI Bill (MGIB).  He also states, in effect, that he overlooked the entry on his discharge document at the time he was reviewing it prior to his retirement.

3.  The applicant provides a copy of a DA Form (Montgomery GI Bill Act of 1984), dated 3 March 1997, and an undated DA Form 2142 (Pay Inquiry).

CONSIDERATION OF EVIDENCE:

1.  The applicant's military service records contain a DD Form 214 (Certificate of Release or Discharge from Active Duty), with an effective date of 23 October 1982.  This document shows that he enlisted in the U.S. Army Reserve (USAR) for a period of 6 years on 21 April 1981, was ordered to active duty for training (ADT) on 7 July 1982, and upon completion of basic combat training and advanced individual training was awarded military occupational specialty
63B (Light Wheeled Vehicle/Power Generator Mechanic).  The applicant was honorably released from ADT on 23 October 1982 after completing a total of
3 months and 17 days active service.

2.  The applicant's military service records contain a DD Form 4 (Enlistment/ Reenlistment Document – Armed Forces of the United States), dated 17 April 1984, with allied documents.  This documentation shows that the applicant enlisted in the USAR Delayed Entry/Enlistment Program (DEP) on 17 April 1984 and entered active duty in the Regular Army (RA) for a period of 4 years on
24 May 1984.  The enlistment packet is absent any indication that the applicant enrolled in the VEAP at the time of his enlistment.

3.  The applicant’s military service records show that he continued to serve on active duty, attained the rank of staff sergeant/pay grade E-6, and that he served in Southwest Asia from 30 March 2003 to 18 August 2003.

4.  The applicant's military service records contain a copy of a DA Form 2-1 (Personnel Qualification Record).  Item 35 (Record of Assignments) of the
DA Form 2-1 shows, in pertinent part, the applicant was assigned to D Battery, 4th Battalion, 5th Air Defense Artillery, 1st Cavalry Division, Fort Hood, Texas, from 16 November 1994 to 31 December 1997.
5.  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. Item 15a (Member Contributed to Post-Vietnam Era Veteran’s Educational Assistance Program) of the DD Form 214 contains an “X” under the “No” block and Item 21 (Signature of Member Being Separated) shows that the applicant placed his signature on the document.

6.  A review of the applicant's military service records fails to show that he contributed to the post-Vietnam era VEAP.

7.  In support of his application, the applicant provides a copy of a DA Form 2366 (Montgomery GI Bill Act of 1984) that shows he enrolled in the MGIB on 3 March 1997.  This document states in Item 2 (Statement of Understanding), paragraph
c (All Other Service Members), subparagraph (1), “I am eligible for the MGIB based on my Veteran’s Educational Assistance Program (VEAP) participation as of 9 Oct 96.”  The applicant also provides a copy of an undated DA Form 2142 (Pay Inquiry).  This document shows that, at the time, the applicant’s unit was
D Battery, 4th Battalion, 5th Air Defense Artillery; the nature of his pay inquiry was “GI Bill Enrollment”, and the description of the action taken was “Process GI Bill Collection.”

8.  The VEAP was an educational incentive program offered to individuals who enlisted between 1 January 1977 and 30 June 1985.  The program was designed for the post-Vietnam era Soldier 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 MGIB and the Army College Fund (ACF) Program.  

9.  Chapter 30, Title 38 of the U.S, Code, established eligibility requirements for participation in the Veteran's Educational Assistance Act of 1984 (New GI Bill).  It provided that individuals who entered an initial period of active duty on or after
1 July 1985 would be automatically enrolled in the program unless they opted to disenroll within a specific time frame established by the individual Services. Once enrolled in the New GI Bill, the individual's basic pay was reduced $100.00 per month for each of the first full 12 months of active duty and could not be refunded, suspended or stopped.  An honorable discharge is required for receipt of entitlements, which amounted to $300.00 per month for 36 months, for individuals who completed at least 3 years of active duty.

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record (PQR), Enlisted/Officer Record Brief (ERB/ORB), separation approval authority documentation or order, or any other document authorized for filing in the Official Military Personnel File (OMPF).

11.  Paragraph 2-4 (Completing the DD Form 214) of the separation documents regulation, contains item-by-item instructions for completing the DD Form 214.  The instructions for Item 15a (Member Contributed to Post-Vietnam Era Veteran’s Educational Assistance Program) specify, in pertinent part, if the 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.”  The instructions for Item 21 (Signature of Member Being Separated) states, in pertinent part, that the signature indicates the Soldier has reviewed the form and accepts the information as being correct to the best of their knowledge.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his discharge document should be corrected to show he contributed to the VEAP.  However, he provides insufficient evidence in support of his claim.

2.  The evidence of record fails to support the applicant’s contention that he contributed to the post-Vietnam era VEAP.  In addition, the evidence of record shows that the applicant affirmed this fact when he signed his DD Form 214 at the time he retired from active duty on 31 December 2003.

3. The evidence of record shows that the applicant enrolled in the “New GI Bill” (i.e., the MGIB) on 3 March 1997.  The evidence of record also shows that at some point in time during his assignment to D Battery, 4th Battalion, 5th Air Defense Artillery (i.e., from 16 November 1994 to 31 December 1997) the applicant initiated a pay inquiry regarding his enrollment in the MGIB and the collection of MGIB monthly contributions.  Presumably, this was subsequent to the applicant’s enrollment in the MGIB on 3 March 1997.


4.  The evidence of record shows that the VEAP was replaced by the MGIB shortly after the applicant enlisted in the RA on 24 May 1984.  It appears the applicant may be confusing the VEAP with the MGIB.  The DD Form 214 in use at the time of the applicant’s retirement from active duty is not designed to show an individual’s contribution to the MGIB.  However, this does not mean the individual did not contribute to that program.  In fact, based on the evidence of record, it appears the applicant did contribute to the MGIB.  Therefore, he may be entitled to educational benefits under that program, as determined and administered by the Veterans Administration.

5.  In view of the foregoing, the applicant’s DD Form 214, Item 15a (Member Contributed to Post-Vietnam Era Veteran’s Educational Assistance Program) is properly marked “No.”  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___JEA__  ___JLP__  ___JBM_  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.




___James E. Anderholm___
          CHAIRPERSON




INDEX

CASE ID
AR20060017509
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/06/27
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
20031231
DISCHARGE AUTHORITY
AR 635-200, Chapter 12
DISCHARGE REASON
Sufficient Service for Retirement
BOARD DECISION
DENY
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.
103.0100.0000
2.

3.

4.

5.

6.