IN THE CASE OF:
BOARD DATE: 17 September 2009
DOCKET NUMBER: AR20090005329
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, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show that he contributed to the Veterans Educational Assistance Program (VEAP).
2. The applicant states that item 15a of his DD Form 214 shows he did not contribute to the VEAP. He states this is an error.
3. The applicant provides a copy of his DD Form 214 with a separation date of 8 February 2009 in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 26 September 2005 under the Delayed Entry Program for a 3 year and 19 week initial enlistment. He successfully completed basic and advanced individual training. He was awarded military occupational specialty 11B (Light Weapons Infantryman). The highest rank the applicant attained was sergeant/pay grade E-5.
2. Records show that on 12 September 2005 and on 3 October 2005, the applicant signed DD Form 2366 (Montgomery GI Bill Act of 1984 [MGIB]) which automatically enrolled him for benefits under MGIB.
3. On 8 February 2009, the applicant was honorably released from active Federal service and transferred to the U.S. Army Reserve Control Group (Reinforcement) after completing 3 years, 4 months, and 13 days of service.
4. Item 15a (Member Contributed to Post-Vietnam Era VEAP) of the applicant's DD Form 214 shows the entry "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) GI 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, $7,200.00 for a 2-year enlistment. Service must have been under honorable conditions. The Department of Veterans Affairs (VA) operates the benefits aspects of the program after the Soldier is released from active duty. The Soldiers participation in the program was evidenced by a yes or no entry on the DD Form 214, in item 15.
6. The MGIB, as outlined in Title 38, United States Code, chapter 30, section 1411b, provides for Soldiers, who entered the service after 30 June 1985, to contribute $1,200.00 to the program during their first 12 months of service. Participation in the program is automatic, unless the Soldier voluntarily withdraws from the program at the time of processing into the Army at a reception station. Under normal situations, the $1,200.00 contribution is nonrefundable. The VA administers the MGIB program after the Soldier separates from active duty.
7. 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. In establishes standardized policy for the preparation of the DD Form 214. In pertinent part, it states that the DD Form 214 is a synopsis of the Soldiers most recent period of continuous active Federal service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. The specific guidance for education provides that for any Soldier who enlisted after 1985; mark the entry "no" in the Post-Vietnam VEAP, item 15a, of DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. As the applicant entered active Federal service after 1985, the appropriate entry in item 15a of his DD Form 214 is "no" as prescribed by regulatory guidance.
2. As such, the applicant's DD Form 214 with a separation date of 8 February 2009 was properly prepared upon the applicant's separation from active Federal service. Therefore, the applicant's contention that his DD Form 214, item 15a, was incorrectly annotated is without merit.
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) AR20090005329
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