RECORD OF PROCEEDINGS


	IN THE CASE OF:   	  


	BOARD DATE:	  16 August 2007
	DOCKET NUMBER:  AR20070004981 


	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. Michael L. Engle

Analyst


The following members, a quorum, were present:


Mr. William D. Powers

Chairperson

Mr. William Blakely

Member

Mr. Donald L. Lewy

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 correction of his Certificate of Release or Discharge from Active Duty (DD Form 214) to show that he participated in the Montgomery GI Bill (MGIB).

2.  The applicant states that his DD Form 214 does not show that he contributed to Post-Vietnam Era Veterans’ Educational Assistance Program.

3.  The applicant provides copies of his DD Forms 214 for periods ending on 
8 November 1994 and 13 January 2007, and DD Form 2366 (MGIB Act of 1984).

CONSIDERATION OF EVIDENCE:

1.  On 28 January 1993, the applicant enlisted in the Pennsylvania Army National Guard.  He completed his active duty for training during the period from 
16 August to 8 November 1994 and was awarded military occupational specialty 91B1O (Medical Specialist). 

2.  On 8 October 1998, the applicant enlisted in the Regular Army.  He completed the Health Care Specialist Course in 1999 and was awarded MOS 68W1O (Health Care Specialist).

3.  On 15 October 1998, the applicant completed DD Form 2366 for enrollment into the MGIB program.

4.  Defense Finance and Accounting Service records show that the applicant contributed $1,200.00 towards the MGIB program.

5.  On 13 January 2007, the applicant was honorably discharged.  He had attained the rank of specialist, pay grade E4 and had completed 8 years, 
3 months, and 6 days of creditable active service during this period.

6.  Item 15a (Member Contributed to Post-Vietnam Era Veterans’ Educational Assistance Program) of the applicant’s DD Form 214 for the period ending 
13 January 2007, indicates that he did not make any contributions.

7.  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.  

8.  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.

9.  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).

10.  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 of his discharge from active duty on 13 January 2007.

3. The evidence of record shows that the applicant enrolled in the “New GI Bill” (i.e., the MGIB) on 15 October 1998.  The evidence of record also shows that he contributed a total of $1200.00 towards the MGIB program via payroll deductions from March 2005 through February 2006.

4.  The evidence of record shows that the VEAP was replaced by the MGIB prior to his enlistment.  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 discharge 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

_WDP___  __WB___  _DLL____  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.




______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070004981
SUFFIX

RECON
 
DATE BOARDED
20070816
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY
. . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
103.0100
2.

3.

4.

5.

6.