IN THE CASE OF:
BOARD DATE: 22 December 2009
DOCKET NUMBER: AR20090013173
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty), item 15a (Member Contributed to Post-Vietnam Era Veterans Educational Assistance Program (VEAP)) be changed to "Yes."
2. The applicant states that she contributed to the Post-Vietnam ERA VEAP.
3. The applicant provides, in support of her application, copies of her DD Form 2366 (Veterans' Educational Assistance Act Of 1984 (New GI Bill)) and her DD Form 214.
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 military personnel records show she enlisted in the Regular Army on 9 August 1989 for a period of 6 years. She completed basic combat training and advanced individual training and was awarded military occupational specialty 73C (Finance Specialist).
3. The applicant's DD Form 2366, dated 11 August 1989, shows she elected to enroll in the "New GI Bill" and accepted the terms set forth in the Statement of Understanding on the form. She understood that her basic pay would be reduced $100 per month for each of the first full 12 months of active service.
4. An electronic mail, dated 17 August 2009, from the Defense Finance and Accounting Service (DFAS) indicates the applicant paid $1,200.00 into the Montgomery GI Bill (MGIB) from September 1989 through August 1990.
5. On 31 January 1991, the applicant was released from active duty by reason of parenthood of a married service woman. Item 15a of her DD Form 214 is checked "No."
6. Active duty personnel could participate in VEAP if they entered active duty for the first time after 31 December 1976 and before 1 July 1985 and made a contribution prior to 1 April 1987.
7. Category 1 of the New MGIB was for veterans who entered active duty for the first time after 30 June 1985, did not decline MGIB in writing, and had their military pay reduced by $100 for a 12 month period.
8. Army Regulation 635-5 (Separation Documents), currently in effect, provides in paragraph 2-4 (Completing the DD Form 214) that for any Soldier who enlisted after 1985 the entry in item 15 is "No."
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the "No" entry in item 15a of her DD Form 214 is incorrect.
2. The applicant's records show she elected the New MGIB and paid $1,200 during her first 12 months of active service.
3. Item 15a of the DD Form 214 refers to the VEAP that was in effect for those service members who enlisted after 31 December 1976 and before 1 July 1985. The applicant enlisted on 9 August 1989. Therefore, she could not have participated in the VEAP and the entry in item 15a of her DD Form 214 is correct.
4. There are no provisions to show on the DD Form 214 the fact that a Soldier elected the New MGIB.
5. In view of the above, there is no correction to be made.
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) AR20090013173
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ABCMR Record of Proceedings (cont) AR20090013173
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