IN THE CASE OF:
BOARD DATE: 29 March 2012
DOCKET NUMBER: AR20110018541
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she contributed to the Montgomery GI Bill (MGIB).
2. The applicant states she was offered the MGIB at a reduced rate when she was discharged through a Medical Evaluation Board. She paid for the MGIB and finance took a lump sum of $1,200.00 from her pay. She needs the MGIB added to her DD Form 214 for educational purposes.
3. The applicant provides:
* MGIB counseling, dated 12 November 2006
* MGIB counseling checklist, dated 1 November 2006
* DD Form 2366 (MGIB Act of 1984), dated 1 November 2006
* DD Form 1131 (Cash Collection Voucher), dated 1 November 2006
* Two Defense Finance and Accounting Service (DFAS) Forms 702 (DFAS Military Leave and Earnings Statement (LES))
* 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 27 April 2004 for a period of four years. She completed basic combat and advanced individual training and was awarded the military occupational specialty 68R (Veterinary Food Inspector). She was assigned to various stateside and overseas assignments. The highest rank/grade she attained while serving on active duty was specialist/E-4.
3. Her records contain a DA Form 2366, dated 3 May 2004, wherein she declined to participate in the MGIB.
4. She provided a DA Form 2366, dated 1 November 2006, wherein she elected to participate in the MGIB. This form shows she acknowledged she was eligible for the MGIB based on involuntary separation on or after 30 November 1993. She understood that the basic pay reduction cannot be refunded, suspended or stopped. She must complete 36 months of active service before she is entitled to the current rate of monthly benefits for a period of 36 months. If she has completed less than 36 months, she will receive 1 month of benefits for each month of active duty served.
5. She provided a DD Form 1131, dated 1 November 2006, which shows the sum of $1,200.00 was deducted from her pay for the MGIB.
6. She provided two DFAS Forms 702 which show $1,200.00 was deducted from her LES to pay for the MGIB.
7. Her DD Form 214 shows she completed 2 years, 7 months, and 14 days of creditable active service and was honorably discharged for a medical disability that existed prior to service on 11 December 2006. This form also shows in item 15a (Member Contributed to Post-Vietnam Era Veteran's Educational Assistance Program (VEAP)) shows the entry "No."
8. 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. 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 postVietnam era VEAP. The applicant enlisted after 1985; therefore, item 15a is correctly annotated as "No."
2. 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
________ ________ ________ 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) AR20110018541
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ABCMR Record of Proceedings (cont) AR20110018541
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