DOCKET NUMBER: AR20090004430
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 item 15a (Member Contributed to Post-Vietnam Era Veteran's Educational Assistance Program (VEAP)) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show "Yes" instead of "No."
2. The applicant states that he contributed the amount of $100.00 per month for 12 months and would like his DD Form 214 corrected so he can go to school.
3. The applicant provides a copy of his DD Form 214, dated 14 April 2003, in support of his request.
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 applicant's records show that he enlisted in the U.S. Army Reserve (USAR) on 30 December 1996 for a period of 8 years under the Delayed Entry Program (DEP). Item 5 (Statement of Understanding) of his DA Form 3286-67 shows he enlisted for the following Educational Incentive Program: Montgomery GI Bill (MGIB).
3. The applicant's records also show that he enlisted in the Regular Army for a period of 3 years on 16 January 1997. A copy of his DA Form 2366 (Montgomery G.I. Bill Act of 1984 (MGIB)-Basic Enrollment) is not available for review with this case.
4. The applicant's records also show he completed basic combat and advanced individual training and was awarded military occupational specialty 11B (Infantryman). He completed various assignments in and outside the continental United States, attained the rank/grade of specialist (SPC)/E-4, and executed a
4-year reenlistment on 15 April 1999.
5. The applicant was honorably released from active duty in the rank/grade of SPC/E-4 on 14 April 2003 and transferred to the USAR Control Group (Reinforcement) for completion of his military service obligation. The DD Form 214 he was issued shows he completed 6 years, 2 months, and 29 days of creditable Federal service. Item 15a of his DD Form 214 shows an "X" in the "No" block.
6. An email, dated 28 May 2009, from the Analysis and Reconciliation Branch of the Defense Finance and Accounting Service confirmed that there is no record that the applicant contributed to the VEAP
7. 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 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 applicant contends that his DD Form 214 should be corrected to show he contributed to the VEAP.
2. The VEAP program is different from the MGIB in that VEAP was available if a member elected to make contributions from his/her military pay to participate in this education benefit program. The member's contributions are matched on a $2 for $1 basis by the Government. To qualify for VEAP, in addition to other conditions, a member must have entered the service between 1 January 1977 and 30 June 1985.
3. There is no evidence in the available record and the applicant did not provide any evidence that he contributed any money towards a postVietnam 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
________ ________ ________ 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) AR20090004430
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090004430
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100010542
The applicant requests correction of item 15a (Member Contributed to Post-Vietnam Era Veteran's Education Assistance Program (VEAP)) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 2 March 2005 to show "Yes" instead of "No" which will allow him to use his Montgomery GI Bill (MGIB). He was issued a DD Form 214 that shows the "No" block is marked in item 15a. Therefore, the Board determined that the overall merits of this case are insufficient...
ARMY | BCMR | CY2008 | 20080014397
The applicant provides the following additional documentary evidence in support of his application: a. DD Form 214, dated 30 July 2008; b. 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. The evidence of record shows that the applicant contributed to the MGIB.
ARMY | BCMR | CY2010 | 20100007428
The applicant requests, in effect, that the Yes block in Item 15a (Member Contributed to Post-Vietnam Era Veterans Educations Assistance Program (VEAP)) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 October 2002 be checked instead of the No block which will allow him to use his Montgomery GI Bill (MGIB). He was issued a DD Form 214 that shows the Yes block is marked in Item 15a. He was issued a DD Form 214 that shows the No...
ARMY | BCMR | CY2004 | 20040010483C070208
Jeanette R. McCants | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, that Item 15a (Member Contributed to Post-Vietnam Veteran's Educational Assistance Program-VEAP) of his separation document (DD Form 214) be corrected to reflect "Yes" instead of "No." By regulation, Item 15a of the separation document should be marked "No" for any Soldier who enlisted in the Army after the year 1985.
ARMY | BCMR | CY2010 | 20100023092
Bill (MGIB) and that he completed the Combat Lifesaver Course. His record shows he contributed to the MGIB. However, the applicant has not provided and his record does not contain any evidence of him completing the Combat Lifesaver Course.
ARMY | BCMR | CY2010 | 20100015764
b. Paragraph 2-4 (Completing the DD Form 214) contains item-by-item instructions for completing the DD Form 214. The applicant contends that item 15a of his DD Form 214 should be corrected to show he contributed to the Veteran's Educational Assistance Act (New GI Bill) so that he will not be denied educational benefits. The evidence of record shows the applicant's DD Form 214, item 15a, is properly marked "No."
ARMY | BCMR | CY2009 | 20090016737
Application for correction of military records (with supporting documents provided, if any). Paragraph 2-4 (Completing the DD Form 214) of the separation documents regulation, contains item-by-item instructions for completing the DD Form 214. However, the DD Form 214 in use at the time of the applicants separation from active duty is not designed to show an individuals contribution to the MGIB.
ARMY | BCMR | CY2014 | 20140010167
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show "Yes" in item 15a indicating he contributed to the Post-Vietnam Era Veterans' Educational Assistance Program (VEAP). 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. The VEAP and MGIB are two separate educational programs.
ARMY | BCMR | CY2008 | 20080007004
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. The applicant provides his DD Form 214 in support of his application. 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.
ARMY | BCMR | CY2010 | 20100021736
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show any awards and decorations and that he contributed to the MGIB. This form also shows in: a. Army Regulation 600-8-22 (Military Awards) states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.