IN THE CASE OF:
BOARD DATE: 17 July 2008
DOCKET NUMBER: AR20080007004
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that Item 15a (Member Contributed To
Post-Vietnam Era Veteran's Educational Assistance Program (VEAP)) of his separation document (DD Form 214) be corrected to reflect his participation in the Montgomery G.I. Bill (MGIB).
2. The applicant states, in effect, that his DD Form 214 indicates he did not have MGIB benefits, but he did in fact pay into it.
3. The applicant provides his DD Form 214 in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant's record contains a MGIB enrollment form (DD Form 2366) and a Statement of Understanding (DA Form 3286), labeled Annex B, which were completed on 4 June 2002, during his enlistment processing. These forms confirm his enrollment in the MGIB.
2. On 8 August 2002, the applicant enlisted in the Regular Army for 3 years. and entered active duty on 8 August 2002.
3. The applicant's Enlisted Records Brief (ERB) shows he was promoted to specialist (SPC) on 1 June 2004, and that this is the highest rank he attained while serving on active duty. It also shows that during his active duty tenure, he earned the National Defense Service Medal, Army Service Ribbon, and Global War on Terrorism Service Medal.
4. On 7 August 2005, the applicant was honorably discharged, by reason of disability with severance pay, after completing 3 years of active military service. The entry in Item 15a of the DD Form 214 he was issued at the time contains an entry indicating he did not contribute to VEAP. The applicant authenticated this document with his signature on the date of his discharge.
5. During the processing of this case, a member of the Board staff had the Defense Finance and Accounting Service (DFAS) pay records of the applicant reviewed and it was confirmed that he had in fact had paid $1,200.00 for the MGIB during the period between September 2002 and August 2003.
6. 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 item-by-item preparation instructions for the DD Form 214. The instructions for Item 15a state, in pertinent part, that for those Soldiers who enlisted after 1985, mark "NO."
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that Item 15a of his DD Form 214 should reflect his participation in and contributions to the MGIB was carefully considered. However, there is insufficient evidence to support this claim.
2. By regulation, the entry in Item 15a of the DD Form 214 will reflect a member's contributions to the VEAP, an educational benefit program the preceded the MGIB, and that the "NO" box will be marked for all members who entered service after 1985. The no entry, in Item 15a of the applicant's DD Form 214 does not pertain to his MGIB eligibility. As a result, there is no error or injustice related to this entry, and there is an insufficient evidentiary basis to grant the requested relief.
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
4. The applicant is advised that a review of his DFAS record confirms he contributed $1,200.00 for the MGIB and that he remains eligible to apply for educational benefits through the Department of Veterans Affairs (VA).
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x____ ___x____ ___x____ 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.
_ __x_____ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080007004
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