BOARD DATE:	  12 January 2011

		DOCKET NUMBER:  AR20100015764 


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 he contributed to the Montgomery GI Bill (MGIB).

2.  The applicant states that he served on active duty in the U.S. Army and contributed to the MGIB; however, his DD Form 214 indicates he did not.  He adds this has a serious effect on him in the form of denial of educational benefits.

3.  The applicant provides a copy of his DD Form 214 and a Defense Finance and Accounting Service (DFAS), Indianapolis, IN, letter.

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 U.S. Army Reserve (USAR) for a period of 8 years on 24 March 2001.

3.  A DD Form 2366 (Montgomery GI Bill Act of 1984 - MGIB), dated 24 March 2001, shows the applicant acknowledged his understanding that he was automatically enrolled in the MGIB of 1984 unless he disenrolled from the MGIB by the date designated.  It also shows:

	a.  The applicant agreed that, unless he disenrolled [emphasis shown on the original form] from the MGIB, his basic pay would be reduced by $100.00 per month for each of the first full 12 months of active duty service.

	b.  He also acknowledged that he understood he was required to complete 36 months of active duty service and receive an honorable discharge for the service which established the GI Bill entitlement before being entitled to MGIB benefits.

	c.  The document also shows the applicant and a noncommissioned officer acting as a witnessing official each placed their signature on the document on 24 March 2001.

4.  The applicant was discharged from the USAR on 29 March 2001 and enlisted in the Regular Army for a period of 5 years on 30 March 2001.  Upon completion of training he was awarded military occupational specialty 11B (Infantryman).

5.  The applicant's military personnel records are absent any evidence that he disenrolled from the MGIB.

6.  A DD Form 2648 (Preseparation Counseling Checklist), dated 15 April 2005, shows the applicant was offered information designed to assist in the transition process as required by Title 10, U.S. Code, section 1142.  Item 13a (Education Benefits - MGIB, VEAP, Vietnam-Era, etc.) shows the applicant indicated he desired counseling on this topic and the transition counselor placed her signature on the preseparation counseling document.

7.  The applicant's DD Form 214 shows he entered active on 30 March 2001 and he was discharged under honorable conditions (general) under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 14-12c(2), based on misconduct.  At the time he had completed 3 years, 11 months, and 22 days of net active service.  It also shows in:

	a.  item 15a (Member Contributed to Post-Vietnam Era VEAP) an "X" in the "No" block and
	b.  item 18 (Remarks), in pertinent part, the entry "DATA HEREIN SUBJECT TO COMPUTER MATCHING WITHIN DOD OR WITH OTHER AGENCIES FOR VERIFICATION PURPOSES AND DETERMINING ELIGIBLITY OR COMPLIANCE FOR FEDERAL BENEFITS."

8.  In support of his application, he provides a copy of a DFAS letter, dated 11 May 2010, that shows the Chief, Special Processing Branch, Army Military Pay Operations - Indianapolis, IN, informed the applicant that DFAS pay records show he contributed a total of $1,200.00 to the MGIB education program during the period 1 April 2001 through 1 April 2002.

9.  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 with a two-dollar contribution to the individual's VEAP account.  Participation in the VEAP was a voluntary option and was replaced in July 1985 by the MGIB and the Army College Fund Program.

10.  Title 38, U.S. Code, chapter 30, established eligibility requirements for participation in the Veteran's Educational Assistance Act of 1984 (New GI Bill).  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 the New GI Bill, 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, which amounted to $300.00 per month for 36 months for individuals who completed at least 3 years of active duty.

11.  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 also establishes standardized policy for preparing and distributing the DD Form 214.

	a.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record, Enlisted/Officer Record Brief, 


separation approval authority documentation or order, or any other document authorized for filing in the official military personnel file.

	b.  Paragraph 2-4 (Completing the DD Form 214) contains item-by-item instructions for completing the DD Form 214.  The instructions for item 15a state, if the 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 contends that item 15a of his DD Form 214 should be corrected to show he contributed to the Veteran's Educational Assistance Act (New GI Bill) so that he will not be denied educational benefits.

2.  The evidence of record shows the VEAP was replaced by the MGIB on 1 July 1985.  In this regard, the applicant may be confusing the entry on his DD Form 214 for the VEAP with his contribution to the MGIB.

3.  The evidence of record shows the applicant enlisted and entered active duty in the Regular Army after 30 June 1985, he enrolled in the MGIB, and he completed more than 36 months of active duty service.  In addition, DFAS pay records confirm the applicant contributed a total of $1,200.00 to the MGIB education program during the period 1 April 2001 through 1 April 2002.

4.  The evidence of record shows the applicant acknowledged that he understood he was required to complete 36 months of active duty service and receive an honorable discharge for the service which established the GI Bill entitlement before being entitled to MGIB benefits.  The evidence of record shows the applicant received a general (under honorable conditions) discharge.  In this regard, the applicant is advised that determining eligibility or compliance for Federal educational benefits is a responsibility and function administered by the Department of Veterans Affairs.

5.  The evidence of record shows the applicant's DD Form 214, item 15a, is properly marked "No."  In addition, there is no regulatory requirement to show an individual contributed to the MGIB on the DD Form 214.  Therefore, considering all the evidence and information presented by the applicant, together with the evidence of record, there is no basis for granting the applicant's request for correction of item 15a of his DD Form 214.



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 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)                                         AR20100015764



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ABCMR Record of Proceedings (cont)                                         AR20100015764



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