IN THE CASE OF:	  

		BOARD DATE:	  	  11 December 2008

		DOCKET NUMBER:  AR20080008529 


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, correction of his discharge document to show he contributed to the Veteran’s Educational Assistance Program (VEAP).

2.  The applicant states, in effect, he served in the U.S. Army on active duty from February 1988 to November 1993 and made a contractual agreement to have $100.00 a month deducted from his pay during the first full year of his service to invest funds in the VEAP.  Additionally, the applicant states that:

     a.  He attempted to enroll in college at Kennesaw State in the spring of 1995 and was informed that his discharge document contained an error regarding the VEAP.  He also states that, since then, he has corresponded with the Department of Veterans’ Affairs (VA) and pleaded his case that the error on his discharge document obstructed him from receiving funds for tuition to go to school.  The applicant further states he has been unsuccessful in obtaining acknowledgment that he qualified for, and was entitled to, educational assistance based on completing his full active duty commitment and serving in support of Operation Desert Shield/Desert Storm.

     b.  He has not received any financial assistance for tuition and he has been denied a refund of the funds he invested towards his educational benefits.  He adds that over the years he lost most of his military records.  However, he recently obtained copies of his pay records from the first year of his active duty that show he contributed funds to the GI Bill.

     c.  The error on his discharge document unfairly prevented him from using his educational benefits and he requests his eligibility for GI Bill (VEAP) benefits be fully reinstated.

3.  The applicant provides a self-authored statement, dated 28 April 2008; JUMPS Army Leave and Earnings Statement for the period 1 - 31 March 1988; and DD Form 214 (Certificate of Release or Discharge from Active Duty) with an effective date of 26 November 1993.

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 applicant’s 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 applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's military personnel records show he enlisted in the U.S. Army Reserve on 29 January 1988, enlisted in the Regular Army (RA) for a period of
4 years, and entered active duty on 18 February 1988.  Upon completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 31M (Multichannel Equipment Operator).  

3.  The applicant was assigned overseas to U.S. Army Europe (Germany) on
17 August 1988.  He attained the rank of specialist/pay grade E-4 on 1 January 1991 and reenlisted in the RA for a period of 2 years on 27 November 1991.  The applicant was then awarded primary MOS 31F (Mobile Subscriber Equipment Network Switching Systems Operator).  

4.  The applicant’s military personnel records contain a DA Form 2366 (Veteran’s Educational Assistance Act of 1984 (GI Bill)) dated 22 February 1988.  This document shows, in pertinent part, that the applicant acknowledged his understanding that he was automatically enrolled in the GI Bill of 1984 unless he disenrolled from the GI Bill within 2 weeks of initial entry on active duty.  This document also shows that the applicant agreed that his basic pay would be reduced by $100.00 per month for each of the first full 12 months of active duty service.  The applicant indicated he understood that he was required to complete 36 months of active duty service and receive an honorable discharge for the service which established the GI Bill entitlement before being entitled to MGIB benefits.  He also indicated he understood that he must use his benefits within
10 years of his separation or discharge from active duty.

5.  The applicant’s military personnel records are absent any evidence that he disenrolled from the VEAP (GI Bill).

6.  The applicant's military personnel records contain a Transition Counseling Acknowledgement Checklist, dated 8 September 1993, documenting that the applicant was offered information designed to assist in the transition process as required by Title 10, U.S. Code, section 1142.  Item 1 (Educational Assistance Benefits Under the Montgomery GI Bill and Other Educational Programs to Which I Am Entitled Based on My Service in the Armed Forces) shows the applicant circled the entry “I Do Not Desire Counseling” and that he placed his initials next to this entry.  Item 17 (Additional Educational Benefits Available Regarding Montgomery GI Bill) also shows the applicant circled the entry “I Do Not Desire Counseling” and that he placed his initials next to this entry.  The document further shows that the applicant placed his signature on the document.

7.  The applicant's military personnel records contain a copy of a DD Form 214, with an effective date of 26 November 1993.  Item 15a (Member Contributed to Post-Vietnam Era Veteran’s Educational Assistance Program) contains an “X” in the “No” block.  Item 18 (Remarks) of the DD Form 214, in pertinent part, contains the entry “//DATA HEREIN SUBJECT TO COMPUTER MATCHING WITHIN THE DOD OR WITH OTHER AGENCIES FOR VERIFICATION PURPOSES AND DETERMINING ELIGIBLITY OR COMPLIANCE FOR FEDERAL BENEFITS//.”  The DD Form 214 also shows the applicant was honorably discharged under the provisions of Army Regulation 635-200, Chapter 4, based upon completion of required active service.  At the time he had completed 5 years, 9 months, and 9 days of net active service this period.

8.  In support of his application, the applicant provides a copy of his DD Form 214, with an effective date of 26 November 1993 that was previously introduced and considered in this Record of Proceedings.  He also provides a copy of his JUMPS Army Leave and Earnings Statement for the period 1 - 31 March 1988 that shows, in pertinent part, $100.00 was collected from the applicant’s monthly pay for the GI Bill and he had a GI Bill balance due of $1,100.00.

9.  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 Montgomery GI Bill (MGIB) and the Army College Fund (ACF) Program.

10.  Title 38, U.S. Code, Chapter 30, 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.

11.  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).

12.  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 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 18 state to use this block for Headquarters, Department of the Army, mandatory requirements when a separate block is not available and as a continuation for entries in blocks 11, 13, and 14.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his DD Form 214 should be corrected to show he contributed to the Veteran's Educational Assistance Act of 1984 (New GI Bill), along with full reinstatement of his eligibility for GI Bill benefits.


2.  The evidence of record shows that the VEAP was replaced by the MGIB on
1 July 1985.  In this regard, the applicant may be confusing the entry on his
DD Form 214 for the VEAP with his contribution to the MGIB.  However, this does not mean the applicant did not contribute to the MGIB program.

3.  The evidence of record shows the applicant enlisted and entered active duty in the RA after 30 June 1985.  The evidence of record also shows he enrolled in the MGIB, contributed $100.00 to the MGIB in March 1988, and completed
36 months of active duty service.  Based on the available evidence of record, it appears the applicant contributed the required non-refundable $1,200.00 and did qualify for MGIB benefits.  Therefore, he may have been entitled to educational benefits under that program, as determined and administered by the Department of VA.  However, this is not the overriding issue in this case.

4.  The evidence of record shows the applicant’s DD Form 214, Item 15, is properly marked “No.”  In addition, there is no regulatory requirement to show an individual contributed to the MGIB on the DD Form 214.  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 for correction of Item 15a of his DD Form 214.

5.  In view of the foregoing, and despite the fact that the applicant declined counseling concerning his educational benefits during his transition processing, the evidence of record shows the applicant acknowledged he understood he must use his GI Bill benefits within 10 years of his separation or discharge from active duty.  While the Board does not dispute the fact that the applicant was told that his discharge document contained an error regarding the entry in Item 15a, the applicant provides insufficient evidence to show that the Department of VA denied him educational benefits based solely on an error on his DD Form 214 and that he attempted to use his GI Bill benefits within 10 years of his separation or discharge.  Thus, the applicant provides insufficient evidence in support of his claim.  Therefore, he is not entitled to correction of his discharge document or reinstatement of his eligibility for MGIB benefits.

6.  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.

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)                                         AR20080008529



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ABCMR Record of Proceedings (cont)                                         AR20080008529



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