BOARD DATE:	  15 July 2010

		DOCKET NUMBER:  AR20100000286 


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 her GI Bill eligibility be corrected to eligible instead of not eligible.  Her request is determined to refer to item 15a (Member Contributed to Post-Vietnam Era Veterans' Educational Assistance Program) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 27 April 1990.

2.  The applicant states she was discharged due to pregnancy and she feels she should receive GI Bill benefits.  She states she also served in the U.S. Army Reserve (USAR) to fulfill the rest of her obligation.

3.  The applicant provides no additional evidence in support of her application.

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's military personnel records show she enlisted in the USAR Delayed Entry/Enlistment Program (DEP) ON 30 July 1987 for a period of 
8 years.  She was enlisted in the Regular Army on 24 November 1987 for a period of 4 years.  She completed basic combat training and advanced individual training and was awarded the military occupational specialty of 71L (Administrative Specialist).

3.  The applicant signed a DD Form 2366 (Veterans' Educational Assistance Act of 1984 (GI Bill) on 25 November 1987, acknowledging she was automatically enrolled in the GI Bill of 1984.  By her signing this form she acknowledged:

* $100 per month would be deducted from her basic pay for the first full 
12 months of active duty and would not be refunded
* she must complete 3 years of service before she was entitled to $300 per month for 36 months.
* she must complete 2 years of active duty service and join the Selected Reserve for a minimum four year service agreement before she would be entitled to $300 per month for 36 months
* she must use her benefits within 10 years of her separation or discharge from active duty or upon completion of her Selected Reserve obligation 

4.  On 27 April 1990, the applicant was released from active duty by reason of pregnancy.  She had completed 2 years, 5 months, and 4 days of active service that was characterized as honorable.  Item 15a of her DD Form 214 is checked "No."

5.  U.S. Army Reserve Personnel Center, St. Louis, MO, Orders (number unreadable), dated 20 September 1992, transferred the applicant from the USAR Control Group (annual training) to a troop program unit.  These orders indicate the expiration of her term of service is 23 November 1995.

6.  Active duty personnel participated in the Veterans' Educational Assistance Program (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.  The Montgomery GI Bill (MGIB), as outlined in Title 38, U.S. Code, Chapter 30, provides for Soldiers who entered the service after 30 June 1985 to contribute $1,200.00 during their first 12 months service.  After completion of their service obligation, they are entitled to up to 36 months of educational benefits.  The program is administered by the Department of Veterans Affairs (VA).  VA regulations specify that if a Soldier is separated prior to the normal expiration of his or her term of service, the separation must be for hardship, medical disability or for the convenience of the government.  Also, he or she must have served in excess of 20 months for an enlistment of less than 3 years, and in excess of 30 months for an enlistment of 3 years or more.  In all cases, the Soldier’s service must be considered fully honorable.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends her GI Bill eligibility on her DD Form 214 should be changed to show "yes."

2.  Item 15a of the applicant's DD Form 214 refers to the VEAP and the eligibility dates for entry into the program expired prior to her joining the Army.  Therefore, she could not have contributed to VEAP and the entry "no" in item 15a is correct.

3.  The applicant served 29 months and 4 days of her 4-year enlistment.

4.  The MGIB is administered by the VA.  Eligibility determination for the MGIB is made by that agency.  For any further questions concerning MGIB benefits the applicant contact that agency.

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)                                         AR20100000286





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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)                                         AR20