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ARMY | BCMR | CY2007 | 20070001132
Original file (20070001132.txt) Auto-classification: Denied


RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  24 May 2007
	DOCKET NUMBER:  AR20070001132 


	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

Ms. Wanda L. Waller

Analyst


The following members, a quorum, were present:


Mr. Ronald Weaver

Chairperson

Mr. Jeffrey Redmann

Member

Mr. David Tucker

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 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.  The applicant states, in effect, that he did pay into the Post-Vietnam Era Veterans’ Educational Assistance Program and that he was not given any dental care prior to his separation.  He contends that he wants this cleared up so his educational benefits will not be affected and that he has been denied dental care because this block is checked “yes.” 

3.  The applicant provides a copy of his DD Form 214 and orders for the Purple Heart. 

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve on 5 December 2002 under the delayed entry program.  He enlisted in the Regular Army on 22 May 2003, served as an infantryman, and was released from active duty on 31 August 2006.

2.  Item 15a on the applicant’s DD Form 214 shows an "X" in the No block.  Item 17 on his DD Form 214 shows an “X” in the Yes block.

3.  A DD Form 2366 (Montgomery GI Bill Act of 1984) shows the applicant was automatically enrolled in the Montgomery GI Bill effective 29 May 2003.  

4.  There are no dental records available.

5.  Army Regulation 635-5 states, in pertinent part, that if a Soldier contributed to the VEAP and did not get money back, mark "YES" in item 15a on the DD Form 214.  For those who enlisted before 1984, contributed to VEAP, and received their money back, mark "NO" in item 15a on the DD Form 214.  For any Soldier who enlisted after 1985, mark "NO" in item 15a on the DD Form 214.

6.  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 Montgomery GI Bill and the Army College Fund Program.  

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant enrolled in the Montgomery GI Bill.   Since the applicant enlisted after 1985, and in accordance with the governing regulation, there is no basis for granting his request to mark "YES" in item 15a on his DD Form 214.  

2.  Although the applicant contends that he was not provided any dental care prior to his separation, there is no evidence of record to support this contention.  There are no dental records available and the applicant has provided no evidence to support his contention.  In the absence of evidence to the contrary,   it must be presumed that item 17 on the applicant’s DD Form 214 is correct.  As a result, there is no basis for granting the applicant's request to amend item 
17 on his DD Form 214.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

RW_____  _JR____  _DT_____  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.



_Ronald Weaver________
          CHAIRPERSON




INDEX

CASE ID
AR20070001132
SUFFIX

RECON

DATE BOARDED
20070524
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
100.0000
2.

3.

4.

5.

6.


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