IN THE CASE OF:
BOARD DATE: 12 March 2009
DOCKET NUMBER: AR20080013508
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 correction of his DD Forms 214 (Certificate of Release or Discharge from Active Duty) to show that he contributed to the Post-Vietnam Era Veteran's Educational Assistance Program (VEAP).
2. The applicant states that he contributed $100.00 per month for 12 months to the VEAP.
3. The applicant provides, in support of his application, copies of his DD Forms 214 and his Leave and Earnings Statements (LES's) from December 2000 through December 2001.
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. On 28 October 2000, the applicant enlisted in the United States Army Reserve (USAR) for a period of 8 years under the Delayed Entry Program (DEP).
3. Evidence of record shows a DD Form 2366 (Montgomery GI Bill Act of 1984 (MGIB)), dated 28 October 2000, was completed by the applicant for enrollment in the MGIB.
4. On 13 November 2000, the applicant was discharged from the DEP and enlisted in the Regular Army on 14 November 2000 for a period of 4 years. He completed his initial training and was awarded military occupational specialty (MOS) 91W (Health Care Specialist).
5. The applicant's LES's show that $100.00 per month was deducted from his military pay each month from December 2000 through November 2001 for the MGIB.
6. On 13 November 2004, the applicant was released from active duty by reason of completion of required active service and transferred to the 312th Field Hospital, USAR. He had attained the rank of specialist (SPC)/pay grade E-4, and had completed 4 years of creditable active duty service.
7. Item 15a of his DD Form 214, ending on 13 November 2004, indicates that he did not contribute to the Post-Vietnam Era VEAP.
8. On 9 May 2007, the applicant was ordered to active duty with his Reserve unit in support of Operation Iraqi Freedom. He served in Iraq from 6 August 2007 to 3 May 2008, and was released from active duty on 14 June 2008.
9. Item 15a of his DD Form 214, ending on 14 June 2008, indicates that he did not contribute to the Post-Vietnam Era VEAP.
10. The Post-Vietnam Era VEAP (Chapter 32 of Title 38, U. S. Code) and the Educational Assistance Pilot Program (Section 903 of Public Law 96-342) were enacted by Congress to attract high quality men and women to the all-voluntary Armed Forces. The VEAP was available for those Soldiers who elected to make contributions from their military pay to participate in this education benefit program. The contributions were matched on a $2 for $1 basis by the Government. To qualify, the Soldier must have met the following requirements:
a. entered service for the first time between 1 January 1977, and 30 June 1985;
b. opened a contribution account before 1 April 1987;
c. voluntarily contributed from $25 to $2700;
d. completed their first period of service; and
e. were discharged or released from service under conditions other than dishonorable.
11. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. It provides, in pertinent part, that Item 15a, Post-Vietnam Era Veteran's Educational Assistance Program (VEAP), for any Soldier who enlisted after 1985, is to be marked "No."
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he contributed to the Post-Vietnam Era VEAP and that his DD Forms 214 should show his contributions.
2. The available evidence shows that the applicant was not eligible for enrollment in the Post-Vietnam Era VEAP. Furthermore, both of his DD Forms 214 are correctly marked "No" in Item 15a, indicating that he did not contribute to this educational program.
3. The available evidence clearly shows that the applicant did enroll in the MGIB under the provisions of the 1984 MGIB Act and made twelve monthly contributions to this educational program. This enrollment was in an educational program established subsequent to the Post-Vietnam Era VEAP. There is no requirement or authority to identify this information on the DD Form 214.
4. In view of the above, the applicant's request should be denied.
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.
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