IN THE CASE OF:	  

		BOARD DATE:	    14 April 2011

		DOCKET NUMBER:  AR20100023092 


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, in effect, correction of his DD Form 214 (Certificate of Release from Active Duty) to show that he contributed to the Montgomery G.I. Bill (MGIB) and that he completed the Combat Lifesaver Course.

2.  The applicant states it has been 15 years since his discharge and he just noticed that the information was missing from his DD Form 214.

3.  The applicant provides a copy of 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 enlisted in the Regular Army on 2 August 1991 in the rank/grade of private first class (PFC)/E-3.  He completed training and he was awarded military occupational specialty 13B (Cannon Crewmember).  He was subsequently discharged on 28 September 1992 in the rank/grade of private (PV1)/E-1.

3.  The applicant's DA Form 3286-67 (Statement of Understanding) includes an indication that he accepted participation in the MGIB.

4.  The applicant's record, including his DA Form 2-1 (Personnel Qualification Record - Part II), is void of any indication that he completed the Combat Lifesaver Course.

5.  The Department of Veterans Affairs (DVA) administers the various GI Bill educational programs.  As related to this case the dates of eligibility for the different programs as:

	a.  the Veterans Educational Assistance Program (VEAP) was for service members who entered service for the first time between 1 January 1977 and
30 June 1985; opened a contribution account before 1 April 1987; and voluntarily contributed from $25.00 to $2,700.00;

	b.  the Post-Vietnam Era Veterans' Educational Assistance provided educational assistance to persons entering the Armed Forces after 31 December 1976 and before 1 July 1985.  (This is the program referenced at item 15a (Member Contributed to Post-Vietnam Era Veterans' Educational Assistance Program) of the applicant's DD Form 214);

	c.  the MGIB provided education benefits to service personnel who entered active duty for the first time after 30 June 1985, forfeited $100.00 of their military pay per month for 12 months, and continuously served for 3 years, or 2 years if that is that was their contracted enlistment, or 2 years if they entered the Selected Reserve within a year of leaving active duty and served 4 years; and 

	d.  all three programs required that benefits had to be used no later than
10 years from the date of last discharge or release from active duty.

6.  Army Regulation 635-5 (Separation Documents), in effect at the time, 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 establishes standardized policy for preparing and distributing the DD Form 214.  It states for:

	a.  item 14 (Military Education), list in-service training courses; title, number of weeks year successfully completed during this period of service; e.g., medical, dental, electronics, supply, administration, personnel, or heavy equipment operations.  This information is to assist the member after separation in job placement and counseling; therefore, training courses for combat skills will not be listed.

	b.  item 15a, if 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.”

7.  Army Regulation 350-1 (Army Training and Leader Development) states, in pertinent part, the combat lifesaver is a nonmedical Soldier trained to provide lifesaving measures beyond the level of self-aid or buddy-aid.  A properly trained combat lifesaver is capable of stabilizing many types of casualties and can slow the deterioration of a wounded individual's condition until medical personnel arrive.  This regulation also states combat lifesavers must be recertified every 12 months at the unit level.

DISCUSSION AND CONCLUSIONS:

1.  The applicant entered active duty after the VEAP had ceased to be an active program.  His record shows he contributed to the MGIB.  The entry at item 15a of his DD Form 214 is correct and there is no provision to record participation in the MGIB on his existing DD Form 214.  Therefore, no relief is warranted on this issue.  He should seek assistance through the DVA for issues concerning the MGIB.

2.  The evidence shows the skills attained in the Combat Lifesaver Course of instruction are not combat in nature.  However, the applicant has not provided and his record does not contain any evidence of him completing the Combat Lifesaver Course.  Therefore no relief is warranted on this issue.

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)                                         AR20100023092



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ABCMR Record of Proceedings (cont)                                         AR20100023092



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