IN THE CASE OF:	  

		BOARD DATE:	        8 January 2009

		DOCKET NUMBER:  AR20080014397 


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 Form 214 (Certificate of Release or Discharge from Active Duty) as follows:

	a.  Item 12h (Effective Date of Pay Grade) to show 1 April 2007 instead of 1 March 2008; 

	b.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) to show award of the Army Commendation Medal; and

	c.  Item 15a (Member Contributed to Post-Vietnam Era Veteran's Educational Assistance Program (VEAP)) to show "Yes" instead of "No." 

2.  The applicant states that he contributed to the VEAP, that he was awarded the Army Commendation Medal, and that his effective date of pay grade is incorrect.

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  DD Form 214, dated 30 July 2008;

	b.  Copy of U.S. Army Human Resources Command (HRC), Alexandria, VA, Orders Number 099-003, dated 9 April 2009;


	c.  Officer Record Brief (ORB), dated 10 July 2008;

	d.  DA Form 638 (Recommendation for Award) and certificate, dated 28 July 2008, showing award of the Army Commendation Medal;

	e.  DA Form 2366 (Montgomery G.I. Bill (MGIB)), dated 24 April 2003; and

	f.  DA Form 3286-67 (Statement of Enlistment), dated 20 February 2003.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show that he enlisted in the U.S. Army Reserve (USAR) on 20 February 2003 for a period of 8 years under the Delayed Entry Program (DEP).  Item 5 (Education Incentive Programs) of his DA Form 3286-67, dated 20 February 2003, shows he circled the word "Yes" indicating that he enlisted for the MGIB.  

2.  The applicant's records also show that he enlisted in the Regular Army for a period of 3 years on 24 April 2003.  As part of his enlistment, he completed a DA Form 2366 electing to enroll in the MGIB.  

3.  The applicant's records also show he completed Officer Candidate School (OCS) and was subsequently appointed as second lieutenant in the Field Artillery (FA) of the USAR on 9 October 2003.  

4.  The applicant's records further show he completed the FA Officer Basic Course on 21 April 2004 and was promoted to first lieutenant (1LT) on 5 July 2006.  However, his effective date of promotion and date of rank as 1LT was later amended to show 9 April 2005.

5.  On 19 February 2008, HRC-Alexandria published Orders 050-079 announcing the applicant's promotion to captain with an effective date and date of rank as 1 March 2008.  However, on 9 April 2008, HRC-Alexandria published Orders 099-003 further amending the applicant's effective date of promotion and date of rank as captain to 1 April 2007.

6.  The applicant was honorably discharged on 30 July 2008.  The DD Form 214 he was issued shows he completed 4 years, 9 months, and 22 days of creditable Federal service.  This form further shows the following entries:

	a.  Item 12h shows the entry "2008  03  01";


	b.  Item 13 shows he was awarded the Army Commendation Medal, the Army Achievement Medal, the National Defense Service Medal, the Global War on Terrorism Service Medal, the Korean Defense Service Medal, the Iraq Campaign Medal [with one bronze service star], and the Overseas Service Ribbon (2nd award); and

	c.  Item 15a shows an "X" in the "No" block.

7.  Headquarters, 172nd Infantry Brigade, Germany, Permanent Orders 210-100, dated 28 July 2008, show the applicant was awarded the Army Commendation Medal (1st Oak Leaf Cluster) for meritorious service from 19 June 2005 to 30 July 2008.

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that:

	a.  Item 12h shows the effective date of promotion to the current pay grade from the most recent promotion order (or reduction instrument);

	b.  Item 14 lists the awards and decorations for all periods of service in the priority sequence specified in applicable regulation.  Each entry will be verified by the Soldier’s record; and

	c.  Item 15a shows a yes or no entry.  If a 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.”

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was promoted to CPT with an effective date and a date of rank as 1 April 2007 which is incorrectly shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show the correct effective date of pay grade.

2.  Permanent orders awarded the applicant the Army Commendation Medal (1st Oak Leaf Cluster) which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  The evidence of record shows that the applicant contributed to the MGIB.  However, there is no evidence in the available record and the applicant did not provide any evidence that he contributed any money towards a post–Vietnam era VEAP.  Even if the applicant contributed to VEAP, the applicant enlisted after 1985 and the entry would have been a "No."  Therefore, item 15a is correctly annotated as "No."

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting the entry "2008  03  01" from Item 12h of the applicant's DD Form 214 and replacing it with the entry "2007  04  01"; and

	b.  deleting the entry "Army Commendation Medal" from Item 14 of the applicant's DD Form 214 and replacing it with the entry "Army Commendation Medal (1st Oak Leaf Cluster)."

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to contribution to post-Vietnam era VEAP. 


															XXX
      ______________________
       	   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)                                         AR20080014397



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ABCMR Record of Proceedings (cont)                                         AR20080014397



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