IN THE CASE OF:	  

		BOARD DATE:	  26 August 2010

		DOCKET NUMBER:  AR20100000772 


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 repayment of his student loans and that his payments into the “G.I. Bill“ be refunded.

2.  The applicant states he was promised that his student loan would be repaid by the government as part of his enlistment contract.  He also states he was not able to obtain G.I. Bill benefits he paid into and as such would like a refund of his payments.

3.  The applicant provides no additional evidence in support of his request.

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.  Records available to the Board indicate the applicant, a high school graduate, enlisted for a period of 2 years in the Regular Army and entered active duty on 19 November 1981.  His enlistment contract indicates he was enlisting for the Army’s two year enlistment option with VEAP (Veterans’ Educational Assistance Program) in the amount of $8,000.00 and for training as a military policeman.

3.  In connection with his enlistment he acknowledged that Department of the Army would pay an award of up to $8,000.00 into his VEA account maintained by the Veterans Administration according to the number of months that he contributed to the VEA account.  The contract noted that when the applicant contributed for 12 consecutive months to his VEA account he would be eligible for $4,400.00 in education assistance and that for each additional month he contributed beyond the initial 12 months he would receive an additional $300.00 in educational assistance monthly up to the total contracted amount of $8,000.00.

4.  The contract further stated the applicant was required to initiate an allotment from his pay to enroll in the basic VEAP and that if any of the following occurred he would forfeit entitlement:

* He failed to contribute to the basic VEAP for 12 consecutive months during his initial enlistment
* He failed to obtain the military occupational specialty (MOS) for which he enlisted
* He was discharged under the Expeditious Discharge Program or the Trainee Discharge Program
* He failed to meet any of the enlistment prerequisites established for this option or any other options for which he enlisted
* He failed to stay qualified in his awarded MOS

5.  The applicant successfully completed basic and advanced individual training and in April 1982 was assigned to a military police unit in Germany.

6.  Although documents associated with the applicant’s administrative separation were not available to the Board, the applicant’s DD Form 214 (Certificate of Release or Discharge from Active Duty) indicates the applicant was administratively discharged under the provisions of Army Regulation 635-200, Chapter 10, on 4 November 1983 in lieu of trial by court martial.  Item 15 (Member contributed to Post Vietnam Era Veterans’ Educational Assistance Program) on his 1983 DD Form 214 indicates “NO.“

7.  Information obtained from the Department of Veterans Affairs website (www.gibill.va.gov) notes the VEAP was an education benefits offered to individuals who first entered active duty after 31 December 1976 and before 1 July 1985.  A Soldier who voluntarily contributed from $25.00 to $2,700.00 to their VEA account could have the government match the individual’s contribution on a $2.00 to $1.00 basis.  Soldiers were required to utilize their benefits within 10 years after being released from active duty.  An individual’s contributions to a VEA account could be refunded if he or she did not meet basic eligibility requirements or if they formally requested a refund from their local Department of Veterans Affairs office.  To establish eligibility for VEAP an individual must have:

* first entered active duty after 31 December 1976 and before 1 July 1985
* contributed to VEAP before 1 April 1987
* completed their first period of service
* been discharged under conditions other than dishonorable

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s 1981 enlistment contract indicates he enlisted under a 2-year enlistment option with entitlement to the VEAP and training as a military policeman.  His enlistment contract did not show entitlement to any student loan repayment program as an enlistment option.

2.  There is no evidence, and the applicant has not provided any, that he actually contributed to his VEA account as part of his eligibility to participate in the VEAP.  His 1983 DD Form 214 indicates he made no contributions.  However, the applicant is advised that if he did in fact make contributions to his VEA account he may be able to request a refund of those contributions by contacting his local Department of Veterans Affairs office for assistance.

3.  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)                                         AR20100000772





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ABCMR Record of Proceedings (cont)                                         AR20100000772



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