RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 10 April 2008
DOCKET NUMBER: AR20070019003
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.
Director
Analyst
The following members, a quorum, were present:
Chairperson
Member
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 Veteran's Educational Assistance Program) (VEAP) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed from No to "Yes."
2. The applicant states that this is an error he overlooked on his record. He states he contributed to the Montgomery GI Bill (MGIB) in an amount of $1,200.00 as reflected on his Defense Finance and Accounting Service Leave and Earnings Statement (LES) for the period 1 to 31 October 2001. He also states that he is encountering trouble by using his MGIB to attend college courses because he overlooked the entry in Block 15a on his DD Form 214. He was unfamiliar with the form at the time of his discharge process and he signed many forms. He did not notice the error until 2007 and he has not used the benefit yet. He discovered the error when he applied for admission for college.
3. The applicant provides a copy of his LES for the period 1 to 31 October 2001 and his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant was appointed as a second lieutenant on 13 August 1990 in the Regular Army.
3. The applicants LES for the period 1 to 31 October 2001 shows that $1,200.00 was deducted from his military pay for the MGIB.
4. The applicant was honorably discharged on 15 February 2002. Item 15a on his DD Form 214 is checked No indicating he did not contribute to the
post-Vietnam era VEAP.
5. Department of Veterans Affairs Pamphlet 80-05-1, Federal Benefits for Veterans and Dependents, informs veterans and dependents of the variety of federal benefits available. In pertinent part, it states that servicepersons were eligible to enroll in the VEAP if they entered active duty for the first time after 31 December 1976 and before 1 July 1985. The MGIB provides a program of education benefits to individuals who enter active duty for the first time after 30 June 1985 and receive an honorable discharge.
DISCUSSION AND CONCLUSIONS:
The applicants DD Form 214 is correct. The applicant enrolled in the MGIB, a separate program from the (post-Vietnam era) VEAP. He did not enter active duty until the VEAP ended. The DD Form 214 is only meant to capture data on those who had contributed to the VEAP. He provides no evidence to show he is being denied MGIB benefits based upon this entry on his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
JM______ CD______ QS______ 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.
JM__________
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20070019003
3
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA 22202-4508
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