RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 23 August 2007
DOCKET NUMBER: AR20070004380
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. Lester Echols | |Chairperson |
| |Mr. Richard T. Dunbar | |Member |
| |Mr. John T. Meixell | |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 Certificate of
Release or Discharge from Active Duty (DD Form 214) to show that he
contributed to the Post-Vietnam Era Veterans' Educational Assistance
Program (VEAP).
2. The applicant states that he separated from the United States Army in
August and that he submitted his information to receive his education
benefits that he paid for during his time on active duty. He states that
it took an extremely long time for the Veterans Administration (VA)
educational benefits process to take place; however, after he made many
telephone calls, his DD Form 214 was never received by the proper agency.
He states that he needs his educational benefits to continue his education.
He states that he submitted a copy of his DD Form 214 and additional
information to support his claim that he was on active duty during the time
in question and that he did pay for VA educational benefits.
3. The applicant provides in support of his application, two copies of his
DD Form 214; a copy of his Leave and Earning Statement (LES) indicating
that he contributed to the Montgomery GI Bill (MGIB); and a copy of MGIB
Act of 1984 Basic Enrollment (DD Form 2366).
CONSIDERATION OF EVIDENCE:
1. The available records indicate that the applicant reenlisted in the
United States Army Reserve (USAR) on 18 February 2003. The Statement of
Understanding that was completed at the time of his enlistment indicates
that he was enlisting for the MGIB Educational Incentive Programs.
2. It appears that on an unknown date, the applicant either enlisted in
the Regular Army or was ordered to active duty.
3. The LES that the applicant submitted in behalf of his application shows
that he contributed $100.00 towards the MGIB during the period covering
1 December through 31 December 2003.
4. The available record indicates that the applicant was released from
active duty and transferred to the USAR Control Group (Reinforcement) on 9
August 2006. Block number 18 on the applicant's DD Form 214 for this
period indicates that the applicant did not contribute to the Post-Vietnam
Era VEAP.
5. A complete copy of the applicant official records is unavailable for
review at this time. However, information obtained from the Defense
Finance and Accounting Services (DFAS) indicates that the applicant
contributed a total of $1,200.00 toward the MGIB program via payroll
deduction from November 2003 through October 2004.
6. Army Regulation 635-5 serves as the authority for the preparation of
the DD Form 214. It provides, in pertinent part, that the DD Form 214 will
be prepared to reflect an individual's service as it exists on the date of
REFRAD or discharge.
DISCUSSION AND CONCLUSIONS:
1. An administrative error was made during the preparation of the
applicant's DD Form 214 which resulted in his separation document
indicating that he did not contribute to the Post-Vietnam Era VEAP.
2. His enlistment contract shows that he was enlisting for the MGIB
Educational Incentive Program and his LES shows that he contributed toward
the MGIB. Additionally, information obtained from DFAS indicates that he
contributed to the MGIB in the amount of $1,200.00. Therefore, block
number 18 on the applicant's DD Form 214 should be corrected to show that
he contributed to the Post-Vietnam Era VEAP.
3. In view of the foregoing, it would now be appropriate to correct the
applicant's records as recommended below.
BOARD VOTE:
__LE____ __RTD___ __JTM__ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief. As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by
amending block number 18 on the DD Form 214 for the period of service
covering 12 June 1984 through 9 August 2006, to show that he contributed to
the Post-Vietnam Era VEAP.
____ Lester Echols_____
CHAIRPERSON
INDEX
|CASE ID |AR20070004380 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20070823 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. 189 |110.0000/SEPARATION DOCUMENT |
|2. 1018 |103.0100/EDUCATION BENEFITS |
|3. | |
|4. | |
|5. | |
|6. | |
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