RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 August 2007
      DOCKET NUMBER:  AR20060013624


      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             |
|     |Ms. Deyon D. Battle               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Michael J. Flynn              |     |Chairperson          |
|     |Mr. Larry W. Racster              |     |Member               |
|     |Mr. Donald W. Steenfott           |     |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 Certificate of Release or Discharge (DD
Form 214) be corrected to reflect his appropriate length of service.

2.  The applicant states that block 12c on his DD Form 214 reflects that he
only completed 1 year and 10 days of net active service.  He states that he
completed 2 years of service on active duty.  He states that his DD Form
214 also fails to show that he contributed to the Montgomery GI Bill.

3.  The applicant provides no additional documentation in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 10 November 1987.  The application submitted in this case
is dated 15 September 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 applicant’s failure to timely file.

3.  On 17 October 1984, he enlisted in the United States Army Reserve
(USAR) under the Delayed Entry Program, for 8 years, in the pay grade of E-
1.  He enlisted in the Regular Army (RA) on 1 October 1985 and he
successfully completed his training as a Heavy Anti-Armor Weapons
Infantryman.

4.  At the time of his enlistment the applicant acknowledged that he was
automatically enrolled in the All-Volunteer Force Educational Assistance
Program (AVFEAP) and that he was eligible for the United States Army
Contribution to the AVFEAP (unless he disenrolled during the first 2 weeks
of active duty).





5.  On 4 November 1987, orders were published discharging the applicant
from the RA with an effective date of 10 November 1987.  Accordingly, 10
November 1987, the applicant was discharged under honorable conditions,
under the provisions of Army Regulation 635-200, chapter 13, due to
unsatisfactory performance.  The DD Form 214 that he was furnished at the
time of his discharge indicates that he completed 1 year and 10 days of net
active service.  In item number 15 on his DD Form 214, it is also reflects
that he did not contribute to the Post-Vietnam Era Veterans Educational
Assistance Program (VEAP).

6.  Army Regulation 635-5 serves as the authority for the preparation of
the DD Form 214.  It provides that when annotating item 15 on the DD Form
214 (Post-Vietnam VEAP), 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."

7.  The VEAP is available if an individual elected to make contributions
from his/her military pay to participate in this education benefit program.
 His/Her contributions are matched on a $2.00 for $1.00 basis by the
Government.  He/She may use these benefits for degree, certificate,
correspondence, apprenticeship/on-the-job training programs, and vocational
flight training programs. In certain circumstances, remedial, deficiency,
and refresher training may also be available.  Benefit entitlement is 1
month to 36 months depending on the number of monthly contributions.  The
individual has 10 years from his/her release from active duty to use VEAP
benefits.  If there is entitlement not used after the 10-year period,
his/her portion remaining in the fund will be automatically refunded.  To
qualify, the individual must have entered service for the first time
between January 1, 1977, and June 30, 1985; opened a contribution account
before April 1, 1987; voluntarily contributed from $25 to $2700; completed
his/her first period of service; and been discharged or released from
service under conditions other than dishonorable.

DISCUSSION AND CONCLUSIONS:

1.  An error was made during the preparation of the applicant's DD Form 214
which resulted in the incorrect net active service being reflected.





2.  The evidence of record shows that he enlisted in the RA on 1 October
1985.  He had no lost time or confinement and he was not discharged until
10 November 1987.  Therefore, he completed a total of 2 years, 1 month and
10 days of net active service this period and item number 12c on his DD
Form 214 should be corrected to reflect this information.

3.  However, the applicant's DD Form 214 properly reflects that he did not
contribute to the Post-Vietnam Era VEAP because he did not.  The evidence
of record shows that he automatically enrolled into the AVFEAP at the time
that he enlisted in the RA and at the time of his discharge there were no
provisions for including the AVFEAP on his DD Form 214.

4.  In view of the foregoing, it would now be in the interest of justice to
correct the applicant's records as recommended below.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 10 November 1985; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 9 November 1988.  The applicant did not file within
the 3-year statute of limitations; however, based on the available evidence
or argument, it would be in the interest of justice to excuse failure to
timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__LWR__  ___DWS_  __MJF__  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 and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by amending item number
12c on his DD Form 214 to show that he completed 2 years, 1 month and 10
days of net active service this period.


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 his record to show that he contributed to the Montgomery GI
Bill.




                            __Michael J. Flynn____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060013624                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/08/14                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  189  |110.0000/SEPRATION DOCUMENT             |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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