IN THE CASE OF:	  

		BOARD DATE:	  20 January 2011

		DOCKET NUMBER:  AR20100021736 


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 any awards and decorations and that he contributed to the MGIB. 

2.  The applicant states that he needs the form corrected for educational purposes. 

3.  The applicant provides his 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 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 records show that he enlisted in the U.S. Army Reserve (USAR) on 11 February 2000 for a period of 8 years under the Delayed Entry Program (DEP).  His DD Form 2366 (Montgomery GI Bill Act of 1984), dated
11 February 2000, shows he was enrolled in the MGIB.  This form shows he acknowledged the following:

Unless I disenroll from the MGIB, my basic pay will be reduced $100 a month or the current monthly rate for each of the first 12 full months of active duty and that this basic pay reduction cannot be refunded, suspended, or stopped.   

3.  On 2 March 2000, the applicant enlisted in the Regular Army for a period of 3 years.  On 7 March 2000, he completed a second DD Form 2366 wherein he indicated that "he did not desire to participate in the MGIB."  He also indicated that "he understood that he will not be able to enroll at a later date.  He and a witness authenticated this form by placing their signatures in the appropriate blocks. 

4.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11B (Infantryman).  He was honorably released from active duty in the rank/grade of specialist/E-4 on 1 March 2003 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining service obligation.

5.  His DD Form 214 shows he completed 3 years of creditable active service and he was fully eligible to reenlist on the date he was released from active duty. This form also shows in:

	a.  Item 13 (Decoration, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 the National Defense Service Medal, the Army Lapel Button, and the Army Service Ribbon.

	b.  Item 15a (Member Contributed to Post-Vietnam Era Veteran's Educational Assistance Program (VEAP)) shows the entry "No."

6.  His records do not contain any derogatory information in the form of nonjudicial punishment, lost time, suspension of favorable personnel action, a bar to reenlistment, or a record of court-martial.

7.  Army Regulation 600-8-22 (Military Awards) states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  

8.  Army Regulation 600-8-22 states the Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  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.  

9.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  It states item 15a shows a yes or no entry.  If a 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 served on active duty from 2 March 2000 through 1 March 2003.  Therefore, he served a qualifying period for award of the Global War on Terrorism Service Medal and is entitled to correction of his records to show this award.  

2.  The evidence of record confirms he served honorably from 2 March 2000 through 1 March 2003.  He completed 3 years of active service and he was fully eligible to reenlist on the date he was released from active duty.  Lacking any derogatory information on file that would have disqualified him from receiving the first award of the Army Good Conduct Medal, it would be appropriate to award the applicant the Army Good Conduct Medal and to correct his records to show this award.

3.  With respect to an entry regarding the MGIB on the DD Form 214, there is no provision in the regulation that governs the DD Form 214 to annotate an entry regarding the MGIB on this form.  The entry in item 15a pertains to contributions towards a post–Vietnam era VEAP.  The applicant enlisted after 1985; therefore, item 15a is correctly annotated as "No."
4.  With respect to the MGIB benefits, the determination of eligibility for MGIB benefits is not within the purview of this Board.  MGIB eligibility questions should be addressed to the Department of Veterans Affairs.

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:

	a.  awarding the applicant the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 2 March 2000 through 1 March 2003; and 

	b.  adding to his DD Form 214 the Army Good Conduct Medal (1st Award) and the Global War on Terrorism Service Medal.

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 contribution to entering the MGIB on his DD Form 214.



      _______ _   _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)                                         AR20100021736



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ABCMR Record of Proceedings (cont)                                         AR20100021736



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