IN THE CASE OF:
BOARD DATE: 28 January 2014
DOCKET NUMBER: AR20130008834
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 item 15a (Member Contributed to Post-Vietnam Era Veteran's Educational Assistance Program (VEAP)) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to "Yes."
2. The applicant states:
* item 15a of his DD Form 214 should have an "X" in the "Yes" block
* had he been asked to be present when the DD Form 214 was typed the error wouldn't have occurred
* he paid $100.00 per month into the New GI Bill system for the first
12 months of active duty
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 6 November 1990 for a period of 4 years. His enlistment contract shows he enlisted for the Montgomery GI Bill (MGIB). He trained as a mobile subscriber equipment transmission system operator and cannon crewmember. On 20 June 1997, he was honorably discharged for completion of required active service.
3. Item 15a of his DD Form 214 shows an "X" in the "No" block.
4. Active duty personnel could participate in VEAP if they entered active duty for the first time after 31 December 1976 and before 1 July 1985 and made a contribution prior to 1 April 1987.
5. Category 1 of the New MGIB was for Soldiers who entered active duty for the first time after 30 June 1985, did not decline MGIB in writing, and had their military pay reduced by $100.00 for a 12-month period.
6. Army Regulation 635-5 (Separation Documents), currently in effect, states for any Soldier who enlisted after 1985, enter "No" in item 15.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the "No" entry in item 15a of his DD Form 214 is incorrect.
2. It appears he elected the New MGIB and paid $1,200.00 during his first
12 months of active service.
3. Item 15a of the DD Form 214 refers to the VEAP that was in effect for those service members who enlisted after 31 December 1976 and before 1 July 1985. The applicant enlisted on 6 November 1990. Therefore, he could not have participated in the VEAP and the entry in item 15a of his DD Form 214 is correct.
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) AR20130008834
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ABCMR Record of Proceedings (cont) AR20130008834
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