IN THE CASE OF:	

		BOARD DATE:	  24 June 2010

		DOCKET NUMBER:  AR20090020469 


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) to show his foreign service and that he contributed to the Montgomery GI Bill (MGIB).

2.  The applicant provides a statement through counsel. 

3.  The applicant provides documentation through counsel.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests correction of the applicant's DD Form 214 to show his foreign service and that he contributed to the MGIB.

2.  Counsel states there is no foreign service stated on the applicant's discharge and he served in Kandahar, Afghanistan for 130 days during the period 
2 February 2002 to 12 June 2002.  Counsel further states the applicant's eligibility for the MGIB may not be granted if [his participation] is not stated [on his DD Form 214].

3.  Counsel provides a copy of his:

* Service Member Deployment History Outprocessing Verification


* memorandum from Headquarters, 92nd Engineer Combat Battalion (Heavy), Fort Stewart, GA, subject: Service Member PERSTEMPO [personnel tempo] Days, dated 19 July 2002
* DD Form 2366 (Montgomery GI Bill Act of 1984)
* DFAS Form 702 (Defense Finance and Accounting Service Military Leave and Earnings Statement (LES)) for the period 1-30 April 2001

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 Regular Army on 14 September 2000.  He was trained in and awarded military occupational specialty 63S (Heavy Wheeled Vehicle Mechanic).  He was subsequently assigned to Company A, 92nd Engineer Battalion.  He was honorably released from active duty on
13 September 2002 after serving 2 years of active military service.  

3.  The applicant's record is void of documentation showing he deployed to Afghanistan.  His DD Form 214 shows no foreign service in item 12f.

4.  The Service Member Deployment History Outprocessing Verification provided by counsel shows the applicant was present for duty for 130 days in Kandahar, Afghanistan during the period 2 February 2002 to 12 June 2002.  This form was authenticated by a reviewing official and the applicant on 19 July 2002.

5.  The memorandum from Headquarters, 92nd Engineer Combat Battalion (Heavy), dated 19 July 2002, provided by counsel confirms the information provided on the Service Member Deployment History Outprocessing Verification.

6.  Item 15a (Member Contributed to Post-Vietnam Era Veteran’s Educational Assistance Program) of the applicant's DD Form 214 is marked “No.”

7.  A review of the applicant's military service records failed to show he contributed to the post-Vietnam Era Veteran's Educational Assistance Program (VEAP).

8.  The applicant's military records contain a DD Form 2366 showing he enrolled in the MGIB on 18 September 2000.

9.  The LES provided by counsel covers the period 1 April 2001 through 30 April 2001 and shows the applicant contributed to the MGIB.

10.  The VEAP was an educational incentive program offered to individuals who enlisted between 1 January 1977 and 30 June 1985.  The program was designed for post-Vietnam era Soldiers as a means of establishing a fund to support their educational objectives following their military service.  For every dollar contributed by a Soldier, the government matched it with a two dollar contribution to the individual's VEAP account.  Participation in VEAP was a voluntary option and was replaced, in July 1985, by the MGIB and the Army College Fund Program.  

11.  Chapter 30, Title 38 of the U.S. Code established eligibility requirements for participation in the Veteran's Educational Assistance Act of 1984, commonly called the MGIB.  It provided that individuals who entered an initial period of active duty on or after 1 July 1985 would be automatically enrolled in the program unless they opted to disenroll within a specific time frame established by the individual Services.  Once enrolled in MGIB, the individual's basic pay was reduced $100.00 per month for each of the first full 12 months of active duty and could not be refunded, suspended or stopped.  An honorable discharge is required for receipt of entitlements.

12.  Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214.  It states the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record (PQR), Enlisted/Officer Record Brief (ERB/ORB), separation approval authority documentation or order, or any other document authorized for filing in the Official Military Personnel File (OMPF).  The regulation states the following information will be entered in the items indicated:

* in item 12f, the total amount of foreign service completed during the period covered in block 12c (Net Active Service This Period)
* in item 15a, for any Soldier who enlisted after 1985, “No”


* in item 18 (Remarks), the following statement for an active duty Soldier deployed with his/her unit during his/her continuous period of active service:  “SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD -YYYYMMDD)."

13.  Review of the applicant's records indicates entitlement to awards and decorations not shown on his DD Form 214.  

14.  Army Regulation 600-8-22 (Military Awards) states the Afghanistan Campaign Medal is awarded to members who have served in direct support of Operation Enduring Freedom (OEF).  The area of eligibility encompasses all the land area of the country of Afghanistan and all air spaces above the land area.  The period of eligibility is on or after 24 October 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved designated Afghanistan campaigns are:

* Liberation of Afghanistan (11 September 2001-30 November 2001)
* Consolidation I (1 December 2001-30 September 2006)
* Consolidation II (1 October 2006-date to be determined)

15.  Army Regulation 600-8-22 states all Soldiers on active duty, including Reserve Component Soldiers mobilized, or National Guard Soldiers activated on or after 11 September 2001 to a date to be determined, having served 
30 consecutive days or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show his foreign service and to show that he contributed to the Montgomery GI Bill (MGIB) was carefully considered and found to be partially supported by the evidence.

2.  Although the applicant's record does not contain documentation showing he served in Afghanistan, the Service Member Deployment History Outprocessing Verification provided by counsel shows the applicant was present for duty for
130 days in Kandahar, Afghanistan during the period 2 February 2002 to 12 June 2002.  This form was authenticated by a reviewing official and the applicant on 19 July 2002 and further confirmed by a memorandum from Headquarters, 92nd Engineer Combat Battalion (Heavy).  The applicant is entitled to correction of his DD Form 214 to show his foreign service.

3.  The evidence of record shows the applicant enrolled in the MGIB on
18 September 2000.  However, the DD Form 214 in use at the time of the applicant’s release from active duty is not designed to show an individual’s contribution to the MGIB.  The applicant's record indicates he enrolled in the MGIB.  The Department of Veterans Affairs (VA) administers the MGIB program; it is recommended that the applicant contact the VA to determine his eligibility for educational benefits.  There is no basis for granting his request to correct his DD Form 214 to show he participated in the MGIB.

4.  The applicant served for 130 days in Afghanistan during a period of eligibility for the Afghanistan Campaign Medal.  His service in Afghanistan coincided with the campaign Consolidation I.  He is entitled to correction of his record to show award of the Afghanistan Campaign Medal with one bronze service star.

5.  The record shows the applicant served more than 30 consecutive days on active duty after 11 September 2001.  He is entitled to correction of his records to show award of the Global War on Terrorism Service Medal.

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:

* deleting from item 12f of his DD Form 214 the entry "0000  00  00" and replacing it with the entry "0000  04  10"
* adding to item 13 of his DD Form 214 the Afghanistan Campaign Medal with one bronze service star and the Global War on Terrorism Service Medal
* adding to item 18 of his DD Form 214 the entry "SERVICE IN AFGHANISTAN FROM 20020202 - 20020612"

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 the MGIB.



      ___________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)                                         AR20090020469



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ABCMR Record of Proceedings (cont)                                         AR20090020469



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