IN THE CASE OF:
BOARD DATE: 19 November 2009
DOCKET NUMBER: AR20090009367
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he participated in the Montgomery GI Bill (MGIB).
2. The applicant states his DD Form 214 shows he did not contribute to the Veterans Educational Assistance Program (VEAP) and does not indicate that he made any contributions to the MGIB.
3. The applicant provides copies of his DD Form 214, a DA Form 2366 (Montgomery GI Bill Act of 1984), and a December 2001 leave and earnings statement (LES).
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 applicant's 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 applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Army Reserve (USAR) on 17 June 1999 and served on initial active duty for training for 2 months. He transferred to the Army National Guard on 26 April 2000. He then enlisted in the Regular Army on 30 March 2001.
3. The applicant's March 2001 enlistment documents include his DA Form 2366 establishing his eligibility to participate in the MGIB.
4. The December 2001 LES shows that payment for the MGIB was deducted from his pay.
5. The applicant was honorably released from active duty 29 March 2004. His DD Form 214 shows the applicant did not contribute to the VEAP. It does not indicate whether or not he participated in the MGIB.
6. Post-Vietnam VEAP (Title 38, U. S. Code, chapter 32) replaced the Vietnam Era Educational Program. It was a contributory education benefit program based on a Soldier's military pay wherein the government matched contributions at a two-to-one rate. To qualify, a Soldier must have entered service for the first time between 1 January 1977 and 30 June 1985, opened a contribution account before 1 April 1987, voluntarily contributed from $25.00 to $2700.00, completed his or her first period of service, and was discharged or released from service under conditions other than dishonorable.
7. The MGIB-Active Duty (MGIB-AD) (Title 38, U.S. Code, chapter 30) replaced the VEAP. To qualify, a Soldier must have entered service for the first time after 30 June 1985, had his or her military pay reduced by $100.00 a month for first 12 months, and served 3 years on active duty. To receive benefits, a Soldier's discharge must be fully honorable. Certain Soldiers who still had benefits under VEAP could elect to participate. Participation in the MGIB was voluntary for Soldiers with existing VEAP entitlement.
8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. In pertinent part, it states 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 states his DD Form 214 shows he did not contribute to VEAP and does not indicate that he made any contributions to the MGIB.
2. The applicant did not qualify for the VEAP and his DD Form 214 correctly shows he did not participate in the VEAP.
3. The applicant did participate in the MGIB education program and his LES shows he contributed the required monies to be eligible. Since he received a fully honorable discharge, he is entitled to utilize these benefits.
4. The entry to show whether or not a Soldier contributed to VEAP is for tracking Soldiers who might be entitled to an earlier educational benefit.
5. Entry of a statement indicating whether or not a Soldier participated in the MGIB is not a required or standard item on the DD Form 214. Therefore, the DD Form 214 is correct and proper as completed.
6. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
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) AR20090009367
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ABCMR Record of Proceedings (cont) AR20090009367
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