IN THE CASE OF:
BOARD DATE: 30 September 2008
DOCKET NUMBER: AR20080011984
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 that his separation document, DD Form 214, with a separation date of 30 June 1999, be corrected to mark Item 15a, Member contributed to Post-Vietnam Era Veterans Educational Assistance Program (VEAP), as Yes.
2. The applicant states that he was told by a Department of Veterans Affairs (VA) representative that this block should have been marked Yes because he joined the U.S. Army Reserve Delayed Entry Program (DEP) on 19 October 1976.
3. The applicant provides a page of his initial enlistment contract and his DD Form 214, in support of his application.
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 applicants military records show that he enlisted in the DEP on 19 October 1976, and into the Regular Army on 21 June 1977. He was awarded the military occupational specialty of cannon crewmember, and later as a recruiting supervisor and manager. He was promoted to pay grade E-7 on
1 August 1990.
3. The applicant was honorably released from active duty on 30 June 1999 due to sufficient service for retirement and was placed on the Retired List the following day.
4. The DD Form 214 he was issued, in Item 15a, was marked as No.
5. The VEAP was established and implemented on 1 January 1977, as a contributory education program designed to replace the Vietnam Era (pre-1977) G.I. Bill. Any Soldier entering the service between 1 January 1977 and 30 June 1985 was eligible to participate in the program. The Soldier was required to contribute between $50.00 and $75.00 (later increased to $100.00) for a minimum of 12 months during his or her period of service. The Army matched $2.00 for each $1.00 contributed by the Soldier. The maximum educational assistance that could be received by the soldier was $8,100.00 for a 3-year enlistment and $7,200.00 for a 2-year enlistment. Service must have been under honorable conditions.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states that, for Item 15a, if 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.
DISCUSSION AND CONCLUSIONS:
1. The applicants record does not show and the applicant has not provided any evidence which shows that he participated in the VEAP by making monetary contributions.
2. Without evidence to show that the applicant made monetary contributions to the VEAP, and did not receive his money back, there is insufficient basis to grant his request to mark Item 15a, as Yes.
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) AR20080011984
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ABCMR Record of Proceedings (cont) AR20080011984
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