IN THE CASE OF:
BOARD DATE: 2 April 2015
DOCKET NUMBER: AR20140014339
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect YES in items 15a and 15b.
2. The applicant states that his DD Form 214 incorrectly reflects NO responses to items 15a and 15b. However, he contributed to the Montgomery GI Bill and he was a high school graduate when he enlisted.
3. The applicant provides copies of his DD Form 214, his election for participation in the Montgomery GI Bill, and his high school transcript.
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 17 October 1994 for a period of 4 years, training as an armor crewman, and a cash enlistment bonus. At the time of his enlistment his records were prepared to reflect that he was a high school graduate. His enlistment contract shows he elected to participate in the Montgomery GI Bill.
3. He completed his one-station unit training at Fort Knox, Kentucky and was transferred to Germany. He deployed to Bosnia during the period 8 October 1996 to 3 April 1997. He was returned to Germany and reenlisted on 1 October 1998 for a period of 2 years. He was then transferred to Fort Riley, Kansas where he remained until he was discharged on 28 April 2000.
4. His DD Form 214 issued at the time of his discharge shows in item 15a the NO box checked under Member contributed to Post-Vietnam Era Veterans Educational Assistance Program (VEAP). In item 15b, under High School Graduate or Equivalent the NO box is checked.
5. Army Regulation 635-5 (Separation Documents), in effect at the time, served as the authority for the preparation of the DD Form 214. It provided, in pertinent part, that in item 15a of the DD Form 214, for all Soldiers who enlisted after 1985, enter a NO response.
DISCUSSION AND CONCLUSIONS:
1. The applicant did not participate in the VEAP and he enlisted after 1985, accordingly, his DD Form 214 correctly reflects a NO response.
2. However, the applicant was a high school graduate when he enlisted and item 15b should reflect a YES response.
3. Accordingly, his DD Form 214 should be corrected to show a YES response in item 15b.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____x___ ____x___ ___x____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was 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 "NO" response in item 15b and entering a "Yes" in that box.
2. The Board further determined that 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 changing the "NO" response in block 15a to a "YES" response.
_______ _ _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) AR20140014339
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