IN THE CASE OF:	  

		BOARD DATE:	  14 April 2011

		DOCKET NUMBER:  AR20100025072 


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 31 July 1997 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his correct date of entry on active duty and total active service, all of his awards and military education, and entitlement to educational benefits.

2.  The applicant states, in effect, he enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 16 July 1975 and entered active duty in the Regular Army (RA) on 31 July 1975 [sic].  He completed more than 22 years of active duty service; received four letters of commendation/appreciation; completed the Military Education Instructor Course at Aberdeen Proving Ground, MD, and the German Headstart Course at Conn Barracks, Schweinfurt, Germany, in January 1976; and he was under the Veteran's Educational Assistance Program (VEAP).

	a.  He notes his DD Form 214 does not show the above information.

	b.  He adds that at the time the Montgomery GI Bill (MGIB) was implemented, he was told it did not apply to him, he did not have to pay into the MGIB, and he and his children would be eligible for educational benefits to attend college.

3.  The applicant provides copies of five letters, three certificates, special orders, and two DD Forms 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.  A DD Form 4 (Enlistment or Reenlistment Agreement – Armed Forces of the United States) shows the applicant enlisted in the USAR for a period of 6 years on 18 July 1975.  He was discharged from the USAR on 28 July 1975 and enlisted in the RA for a period of 4 years on 29 July 1975.

3.  Upon completion of training he was awarded military occupational specialty (MOS) 63B (Power Generation and Wheeled Vehicle Mechanic).

4.  A DD Form 214 (Report of Separation from Active Duty) shows the applicant was honorably discharged on 29 April 1979 to reenlist in the RA.  It also shows in:

* item 15 (Date Entered Active Duty This Period) – "75  07  29 (i.e., 29 July 1975)
* item 18 (Record of Service) –

* item a (Net Active Service This Period) – "3 years, 9 months, 1 day"
* item d (Prior Inactive Service) – "11 days"
* item e (Total Service for Pay) – "3 years, 9 months, 12 days"

5.  The applicant reenlisted in the RA on 30 April 1979, continued to serve on active duty, and was promoted to sergeant first class (SFC)/pay grade E-7 effective 1 October 1993.

6.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in:

	a.  item 9 (Awards, Decorations, and Campaigns) that he was awarded or authorized the Driver and Mechanic Badge with Driver-W [wheeled vehicle] Bar, Army Achievement Medal, Humanitarian Service Medal (Cuban Boat Lift 1980), Army Service Ribbon, Overseas Service Ribbon (3rd Award), Army Commendation Medal (4th Award), Noncommissioned Officer Professional Development Ribbon with Numeral 3, Army Good Conduct Medal (7th Award), and National Defense Service Medal; and

	b.  item 17 (Civilian Education and Military Schools) that he completed the following military training courses:

* 7-week Power Generation Wheeled Vehicle Mechanic Course (MOS 63B) in 1975
* 1-week Basic Leadership Course (BLC) in 1975
* 1-week Prescribed Load List/Transportation Movements Management System (PLL/TAMMS) course in 1977
* 1-week Battalion Training Management System (BTMS) Course in 1979
* 1-week German Headstart Course in 1982
* 3-week Motor Sergeant Course in 1984
* 4-week Primary Leadership Development Course (PLDC) in 1986
* 1-week TAMMS course in 1987
* 1-week Maintenance Management System (MMS) Course in 1988
* 12-week Advanced Noncommissioned Officer Course (ANCOC) in 1989
* 3-week Nuclear, Biological, and Chemical (NBC) Course in 1990
* 2-week Equal Opportunity (EO) Course in 1990
* non-resident Operating Room Specialist Sustainment (MOS 91D) Course in 1995
* 4-week PLDC in 1995

7.  A DD Form 2648 (Preseparation Counseling Checklist) shows the applicant was counseled on his educational benefits (i.e., VEAP and MGIB) on 2 August 1996.

8.  Headquarters, U.S. Army Medical Department Center and School, Fort Sam Houston, TX, Orders 327-00223, dated 22 November 1996, released the applicant from active duty on 31 July 1997 and placed him on the Retired List effective 1 August 1997.  These orders show the applicant completed 22 years, 0 months, and 2 days of active service for voluntary retirement and 22 years, 0 months, and 13 days of service for basic pay.

9.  The DD Form 214 for the period ending 31 July 1997 shows the applicant was honorably retired from active duty on 31 July 1997 and transferred to the USAR Control Group (Retired).  It shows in:

	a.  item 12 (Record of Service):

* item a (Date Entered Active Duty This Period) – "1979  04  30" (i.e., 30 April 1979)
* item c (Net Active Service This Period) – "18 years, 3 months, 1 day"
* item d (Total Prior Active Service) – "3 years, 9 months, 1 day"
* item e (Total Prior Inactive Service) – "11 days"

	b.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the Army Commendation Medal (4th Award), Army Achievement Medal, Army Good Conduct Medal (7th Award), National Defense Service Medal, Humanitarian Service Medal, Noncommissioned Officer Professional Development Ribbon with Numeral 3, Army Service Ribbon, Overseas Service Ribbon (3rd Award), Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar, and Driver and Mechanic Badge with Driver-W and Mechanic Bars;

	c.  item 14 (Military Education) the 1-week TAMMS Course (1987), 12-week ANCOC (1989), 3-week NBC Course (1990), 2-week EO Course (1990), 1-week MMS Course (1988), 4-week PLDC (1995), 1-week BTMS Course (1979), 
1-week German Headstart Course (1982), 3-week Motor Sergeant Course (1984), and 4-week PLDC (1986);

	d.  item 15a (Member Contributed to Post-Vietnam Era Veteran's Educational Assistance Program) shows an "X" in the "No" block; and

	e.  item 18 (Remarks) shows he had continuous honorable active service from 29 July 1975 through 31 July 1997.

10.  In support of his application, the applicant provides the following documents:

	a.  Headquarters, 7th Infantry Division and Fort Ord, Fort Ord, CA, Special Orders Number 67, dated 26 November 1975, awarded the applicant primary MOS 63B1O effective 26 November 1975.

	b.  A Company A, 2nd Battalion, 4th Advanced Individual Training Brigade (Combat Support), 7th Infantry Division and Fort Ord, Fort Ord, CA, letter, dated 9 December 1975, subject:  Letter of Commendation, shows the commander congratulated the applicant on his performance as a trainee leader.

	c.  A Certificate of Training shows the applicant completed the U.S. Army Europe (USAREUR) Phase III Race Relations Educational Seminar on 22 January 1976 at Ledward Barracks, Schweinfurt, Germany.

	d.  A Battery B, 3rd Battalion, 7th Air Defense Artillery (ADA), USAREUR, letter, dated 27 September 1976, subject:  Letter of Appreciation, shows the commander expressed his appreciation to the applicant for a job well done on Redeployment of Forces to Germany 1976.

	e.  A Headquarters, 3rd Battalion, 7th ADA, USAREUR, letter, dated 2 March 1977, subject:  Letter of Appreciation, shows the commander expressed his thanks to the applicant for participating in the Battalion Black History month Poster Contest.

	f.  An Office of the Community Commander, Schweinfurt Military Community [USAREUR], letter, dated 19 May 1977, subject:  Completion of MOS Assistance Program Course, shows the applicant completed the MOS Assistance Program in MOS 76D (Materiel Supplyman).  The community commander recommended the applicant be utilized in the On-the-Job Training (OJT) Program.

	g.  A Certificate of Training shows the applicant completed the 40-hour BLC during the period 11-15 July 1977 at Headquarters, 3rd Battalion, 7th ADA, USAREUR.

	h.  A Certificate of Training shows the applicant completed the 40-hour PLL/TAMMS course at the Army Education Center, Conn Barracks, USAREUR.

	i.  A Battery B, 3rd Battalion, 7th ADA, USAREUR, letter, dated 15 August 1978, subject:  Letter of Commendation, shows the motor officer commended the applicant for his professionalism and dedication during the battery field exercise of 6-11 August 1978.

11.  During the processing of this case the Defense Finance and Accounting Service (DFAS) Verifications Section, Indianapolis, IN, was asked to verify information relevant to the applicant's contributions to the VEAP/MGIB.  DFAS indicated that records only go back to 1992 and it had no information regarding the applicant's VEAP/MGIB contributions.  DFAS suggested the applicant request copies of his leave and earnings statements (LES's) for the years from 1975 through 1991 from the U.S. Department of Education.

12.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  It does not list letters of commendation and appreciation as U.S. awards or decorations.

13.  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.

14.  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.

15.  Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.

	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, Officer Record Brief, enlistment/
reenlistment documents, personnel finance records, discharge documents, separation orders, military personnel records jacket, or any other document authorized for filing in the official military personnel file.

	b.  Table 2-1 contains item-by-item instructions for completing the DD Form 214.  It shows for:

		(1)  item 12 to use extreme care in completing this item since post-service benefits, final pay, retirement credit, etc., are based upon the information contained herein; for

		(a)  item 12a to enter the beginning date of the enlistment period or tour of active duty for which a DD Form 214 was not issued,

		(b)  item 12b to enter the separation date this period,

		(c)  item 12c to enter the amount of service this period (i.e., item 12a from item 12b),

		(d)  item 12d to enter the total amount of prior active military service less lost time, if any (if there was no prior active service, enter "00  00  00"), and

		(e)  item 12e to enter the total amount of prior inactive service, less lost time, if any.  (DEP time which begins on or after 1 January 1985 is not creditable service for pay purposes and will not be entered in this item, but it is creditable service towards the fulfillment of the statutory military service obligation date in item 12i);

		(2)  item 13 states entries will be for all periods of service.  Check the Soldier's military service records for the validity of awards.  Do not abbreviate when listing the entries; list the entries in order of precedence;

		(3)  item 14 states to list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by title, length in weeks, and year completed.  The Command and General Staff College and senior service college, Senior Warrant Officer, and Sergeants Major Academy non-resident courses may be included when successfully completed by correspondence.  This information is to assist the Soldier after separation in job placement and counseling; therefore, training courses for combat skills will not be listed; and

		(4)  item 15 states that 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 his 31 July 1997 DD Form 214 should be corrected to show he entered active duty on 31 July 1975 [sic], he completed more than 22 years of total active service, all of his awards and military education, and his entitlement to educational benefits.

2.  Records show the applicant's initial period of active duty service from 29 July 1975 through 29 April 1979 during which he completed 3 years, 9 months, and 1 day of active serve is correctly documented by his 29 April 1979 DD Form 214.  It is noted that the applicant provided a copy of this DD Form 214 in support of his application.  Thus, the applicant's 31 July 1997 DD Form 214 correctly shows he entered active duty for that period on 30 April 1979.  In addition, item 18 of this DD Form 214 shows he had continuous active duty service from 29 July 1975 through 31 July 1997.

	a.  Records show the applicant served in the USAR DEP from 18 July through 28 July 1975 and the 11 days of inactive service are shown on both of his DD Forms 214.

	b.  The applicant's 31 July 1997 DD Form 214 shows he completed 18 years, 3 months, and 1 day of net active service during this period and he had 3 years, 9 months, and 1 day of total prior active service.  This active service equates to 22 years, 0 months, and 2 days of total active service.  In addition, the applicant's retirement orders confirm this total active service and also confirm his 22 years, 0 months, and 13 days of service for pay purposes.

	c.  Thus, there is no basis for correction of the applicant's 31 July 1997 DD Form 214 with respect to the date of entry on active duty or his net/total active service.

3.  The letters of commendation and appreciation the applicant provides are noteworthy.  However, letters are not considered U.S. military awards or decorations.  Therefore, they are not authorized for entry in item 13 of the DD Form 214.

4.  The Army Regulation 635-5 states that only formal in-service (full-time attendance) training courses successfully completed during the period of service covered will be recorded in item 14.  In addition, with the exception of four specific non-resident (correspondence) courses, the entry of non-resident courses is not authorized.

	a.  The applicant's 31 July 1997 DD Form 214 shows all of his military education, except the:

* 7-week MOS 63B Course (1975)
* 1-week BLC (1975)
* 1-week German Headstart Course (1976)
* 1-week PLL/TAMMS Course (1977)
* USAEUR Phase III Race Relations Educational Seminar (1976)
* OJT Assistance Program for MOS 76D (1977)
* non-resident Operating Room Specialist Sustainment (MOS 91D) Course (1995)

	b.  Records fail to show and the applicant provides insufficient evidence to show he completed the 1-week German Headstart Course in 1976.

	c.  Moreover, the six courses (above) that were completed prior to 30 April 1979 and the non-resident course completed in 1995 are not authorized to be recorded in item 14 of the applicant's 31 July 1997 DD Form 214.

5.  Records show the VEAP was replaced by the MGIB on 1 July 1985 and that the applicant was counseled on his VEAP/MGIB educational benefits prior to retiring from active duty.

	a.  The applicant's pay records available at DFAS do not show anything pertaining to the VEAP or MGIB.

	b.  The applicant is advised that he may request copies of his LES's from the Department of Education for a record of his contributions to the VEAP.

	c.  The applicant is also advised that determining eligibility or compliance for Federal educational benefits is a responsibility and function administered by the Department of Veterans Affairs.

	d.  Thus, in the absence of any documentary evidence, it is concluded that item 15a of the applicant's DD Form 214 is properly marked "No."

6.  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 his 31 July 1997 DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ____X___  ____X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      _____________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)                                         AR20100025072



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ABCMR Record of Proceedings (cont)                                         AR20100025072



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