IN THE CASE OF:
BOARD DATE: 19 February 2015
DOCKET NUMBER: AR20140010167
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show "Yes" in item 15a indicating he contributed to the Post-Vietnam Era Veterans' Educational Assistance Program (VEAP).
2. He states his DD Form 214 is marked "No" for the Montgomery GI Bill (MGIB). He believes this to be in error because he elected to enroll in the MGIB. He hopes that this can be confirmed by Defense Finance and Accounting Service records.
3. He provides 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 U.S. Army Reserve on 24 July 2000 under the delayed entry program.
3. His DD Form 2366 (MGIB Act of 1984), dated 24 July 2000, indicates the applicant enlisted with automatic enrollment in the Montgomery GI Bill. The section for voluntary disenrollment is blank.
4. He enlisted in the Regular Army on 25 January 2001. He served as a UH-60 helicopter repairman and he was honorably released from active duty on 4 March 2001.
5. The DD Form 214 he was issued upon his separation shows he completed a total of 6 years active military service. Item 15a of the separation document contains an "X" in the "No" block, which indicates he did not contribute to the VEAP.
6. 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.
7. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed standardized policy for preparing and distributing the DD Form 214. Paragraph 2-4h(15)(a) states, in part, for any Soldier who enlisted after 1985, mark "NO."
8. Title 38, United States Code, Chapter 32 lists the eligibility requirements for the Post-VEAP. Qualification for the VEAP requires: entrance into the service for the first time between 1 January 1977 and 30 June 1985; opened a contribution account before 1 April 1987; voluntarily contributed from $25 to $2,700; completed your first period of service; and were discharged or released from service under conditions other than dishonorable.
9. Title 38, United States Code, Chapter 30 lists the qualification for the MGIB as: entrance into the service for the first time after 30 June 1985; reduction of military pay by $100 a month for first 12 months, continuous serve for 3 years, or 2 years if that is what first enlisted for, or 2 years under the Selected Reserve within a year of leaving active duty and served 4 years ("2 by 4" Program). An honorable discharge is mandatory, separation with a general, under honorable conditions does not qualify.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions that his DD Form 214 is marked "No" for the MGIB and he believes this to be in error because he elected to enroll in the MGIB are acknowledged. However, the evidence of record does not indicate an error or injustice exists in this case.
2. The VEAP and MGIB are two separate educational programs. The entry on the DD Form 214, at item 15a, refers to contributions to the VEAP not the MGIB. Since the applicant entered active duty after the VEAP ended, the entry in item 15a on his DD Forms 214 is correct. Therefore, there is no basis for granting his request.
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) AR20140010167
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ABCMR Record of Proceedings (cont) AR20140010167
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