MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            8 April 1999    
	DOCKET NUMBER:   AR1999020421

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Mr. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Ms. Jennifer L. Prater		Member	
	Ms. Barbara J. Ellis		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That he be allowed to enroll in the Montgomery G.I. Bill (MGIB).

APPLICANT STATES:  That he was told when he initially entered on active duty that he qualified for the Vietnam Era Educational Assistance Program (VEAP).  However, he has now discovered that he has no educational benefits and believes that he must have entered on active duty on a date which was between educational assistance programs.

EVIDENCE OF RECORD:  The applicant's military records show:

He enlisted in the Regular Marine Corps with no prior service on 31 October 1975, was promoted to pay grade E-4, and was honorably released from active duty on 30 October 1979.

He enlisted in the Regular Army in pay grade E-3 on 17 December 1981, was promoted to pay grade E-6, and was honorably released from active duty on 2 July 1986.

He was assigned to a USAR unit on 7 August 1986.  On 4 October 1986 he was ordered to active duty in the Active Guard and Reserve (AGR) program.  He has remained on active duty in the AGR program since that date, being promoted to pay grade E-8.

The Vietnam Era G.I. Bill was effective from 1 February 1955 through 31 December 1976.  The VEAP was established and implemented on l January l977, as a contributory education program designed to replace the Vietnam era (pre-l977) GI bill.  Any soldier entering the service between l January l977 and 30 June l985 was eligible to participate in the program.  The MGIB provides for soldiers who entered the service after 30 June l985.  However, all of these educational assistance programs require the veteran to use their benefits within 10 years of date of release from the qualifying period of active duty, although certain exceptions exist.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  The applicant should have been entitled to benefits under the Vietnam Era G.I. Bill.  However, he had 10 years from the date of his discharge on 30 October 1979 to use those benefits.

2.  Since he initially entered on active duty prior to the implementation of the MGIB, he cannot participate in that educational assistance program.
3.  In view of the foregoing there is no basis for granting the applicant’s request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999020421	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990408	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	128.05	
2.		
3.		
4.		
5.		
6.