IN THE CASE OF:
BOARD DATE: 2 August 2012
DOCKET NUMBER: AR20120002473
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 Item 15a (Member Contributed to Post-Vietnam Era Veterans' Educational Assistance Program (VEAP)) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 May 1992 to show an "X" in the "Yes" block instead of the "No" block.
2. The applicant states he joined the Army on 26 November 1970 which was still under the Vietnam era.
3. The applicant provides no additional documents.
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 applicants 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 applicants 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 (RA) on 27 November 1970. He was released from active duty (REFRAD) on 5 December 1972 at the expiration of his term of service. He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation. He completed 2 years of total active service.
3. On 11 June 1974, the applicant again enlisted in the RA. He served through a series of reenlistments until he retired on 31 May 1992 for length of service. Item 15a of the DD Form 214 he was issued for this period of service shows an "X" in the "No" block.
4. The Post-Vietnam VEAP was enacted by Congress to provide educational fund-matching to Armed Forces personnel after the Vietnam conflict. To qualify, service members had to enter active duty between 1 January 1977 and 30 June 1985.
DISCUSSION AND CONCLUSIONS:
1. It appears the applicant is mistaken in that item 15a has nothing to do with whether or not a Soldier served during the "Vietnam era." It merely indicates whether or not a Soldier is eligible for VEAP benefits; the applicant was not eligible.
2. The applicant was eligible for the Vietnam Era GI Bill (VEGIB) covering those who served on active duty after 31 January 1955 but before 1 January 1977. Entitlements were 1 1/2 months of educational assistance for each month served on active duty, up to 45 months. There was a 10-year delimiting date from the date of separation or 31 December 1989, whichever was earlier. The program was terminated on 31 December 1989; however, members with remaining entitlement under the VEGIB after 31 December 1989 were automatically converted to the MGIB Program if certain criteria were met.
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) AR20120002473
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ABCMR Record of Proceedings (cont) AR20120002473
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