IN THE CASE OF:	  .

		BOARD DATE:	  29 August 2013

		DOCKET NUMBER:  AR20130001401 


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) as follows:

* item 15a (Member Contributed to Post-Vietnam Era Veteran's Educational Assistance Program (VEAP)) to show "Yes" instead of "No" 
* item 18 (Remarks) to show an entry that he supported the Indian Ocean/Iran campaign, Iran hostage crisis during tours with the 58th and 327trh Signal Company (he participated in active duty in support (ADS) and weekly maneuvers

2.  The applicant states:

* he has the forms to support his contention that he contributed to VEAP
* he supported the Indian Ocean/Iran campaign, Iran hostage crisis during tours with the 58th and 327trh Signal Company (he participated in ADS and weekly maneuvers)
* an entry on his DD Form 214 would assist him in receiving preference as a current Federal employee 
* the Veteran's preference recognizes the economic loss suffered by citizens who served their country 

3.  The applicant provides:

* DD Form 214
* DD Form 2057 (Contributory Educational Assistance Program - Statement of Understanding)
* DD Form 1131 (Cash Collection Voucher)
* Orders 55-81 (assignment to the 327th Signal Company)
* Internet printout about the Iranian Hostage Crisis of 1979  

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 he enlisted in the Regular Army for a period of 3 years on 14 July 1978 and he held military occupational specialty 52D (Power Generation Specialist).  

3.  He served in Germany from 10 February 1979 to 31 May 1981.  He was assigned to the 58th Signal Company from 14 February 1979 to 26 March 1981 and the 327th Signal Company from 27 March to 31 May 1981.  

4.  While in Germany, on 19 March 1981, he made a lump sum payment of $1,000 to VEAP.  The deduction was recorded on a DD Form 1131. 

5.  He was honorably released from active on 13 July 1981 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.  

6.  The DD Form 214 he was issued shows he completed 3 years of creditable Federal service.  Item 15a of his DD Form 214 shows an "X" in the "No" block.

7.  On 4 November 1982, by letter, an official at the Office of the Adjutant General, U.S. Army Reserve Components Personnel and Administration Center, (RCPAC) St. Louis, MO, notified the applicant that his request for lump sum payment of his VEAP benefits was referred to the Army Finance and Accounting, Indianapolis, IN.
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.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  It states:

	a.  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."

	b.  Item 18 is used for Department of the Army mandatory requirements when a separate block is not available, and as a continuation for entries in other blocks (11, 13, and 14). 

DISCUSSION AND CONCLUSIONS:

1.  With respect to the VEAP entry:

	a.  The VEAP program is different from the MGIB in that VEAP was available if a member elected to make contributions from his/her military pay to participate in this education benefit program.  The member's contributions are matched on a $2 for $1 basis by the Government.  To qualify for VEAP, in addition to other conditions, a member must have entered the service between 1 January 1977 and 30 June 1985.

	b.  The evidence of record shows the applicant made a lump sum contribution to VEAP on 19 March 1981.  Although there is sufficient evidence to show after his release from active duty, he communicated with RCPAC regarding his benefit and he was told his request was forwarded to the Army Finance and Accounting, Indianapolis, IN, for payment, this occurred in November 1982, after his discharge.  

	c.  There is insufficient evidence to show at the time of his discharge, the applicant received his money back.  As such, the entry in item 15a should have been marked "Yes" instead of "No."

2.  With respect to the entries related to supporting the Indian Ocean/Iran campaign, an entry is currently made in item 18 when a Soldier deploys to a hazardous fire/imminent danger pay area.  There is no evidence in the applicant's records and he provides none to show he deployed to Iran.  There is no provision in the governing to list the function described by the applicant on his DD Form 214. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 deleting the "X" from the No block of item 15 and placing an "X" in the Yes bock. 

2.  The Board further determined 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 adding an entry that he supported the Indian Ocean/Iran campaign, Iran hostage crisis during tours with the 58th and 327th Signal Company and weekly maneuvers.



      _____________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)                                         AR20130001401





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ABCMR Record of Proceedings (cont)                                         AR20130001401



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