MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:             3 February 2000                 
	DOCKET NUMBER:   AR1999024332

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. Ernest W. Lutz, Jr.		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:  In effect, that he be given some type of educational benefits.

APPLICANT STATES:  That he retired from active duty in the Active Guard and Reserve (AGR) program and should be entitled to some educational benefits.

EVIDENCE OF RECORD:  The applicant's military records could not be located.  The following information is derived from the two DD Forms 214 provided by the applicant.

He enlisted in the Regular Army on 15 March 1971 and was honorably released from active duty at the expiration of his term of service on 15 March 1977 in pay grade E-5.

He entered on active duty in the AGR program on 4 March 1993 and was retired under the Voluntary Early Retirement program on 30 April 1995 (his DD Form 214 shows that he had 13 years, 1 month and 21 days of prior active duty).

The Montgomery GI Bill (GI Bill), as outlined in Title 38, United States Code, chapter 30, section 1411b, provides for soldiers who entered the service after 30 June 1985, to contribute $1,200.00 during their first 12 months service.  After completion of their service obligation, he or she is entitled to up to $300.00 per month educational benefits for 36 months.  The program is administered by the Veterans Administration (VA). 

The Veterans Educational Assistance Program (VEAP) was established and implemented on 1 January 1977, as a contributory education program designed to replace the Vietnam era (pre-1977) GI bill.  Any soldier entering the service between 1 January 1977 and 30 June 1985 was eligible to participate in the program.  The soldier was required to contribute between $50.00 and $75.00 (later increased to $100.00) for a minimum of 12 months during his or her period of service.  The Army matched $2.00 for each $1.00 contributed by the soldier.  The maximum educational assistance that could be received by the soldier was $8,100.00 for a 3-year enlistment, $7,200.00 for a 2-year enlistment.  Service must have been under honorable conditions.  The benefits aspects of the program are operated by the VA after the soldier is released from active duty.  The soldier’s participation in the program was evidenced by a “yes” or “no” entry on the DD Form 214, in item 15.

Prior to the VEAP soldiers were provided educational assistance under the old GI Bill, which applied to WWII, Korean War and Vietnam War veterans.  Under the old GI Bill, a veteran had to use his or her entitlements within 10 years of separation.
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 was eligible for educational benefits under the old GI Bill.  However, those entitlements expired on 15 March 1987.

2.  Since he initially enlisted in 1971 he was not eligible for the MGIB since the initial date of entry in the military establishes a soldier’s entitlement to an educational incentive.

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

_mkp____  _bje_____  _ewl____  DENY APPLICATION

Karl F. Schneider
Director, Army Review Board Agency

INDEX

CASE ID	AR1999024332	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000203	
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.	108.04	
2.		
3.		
4.		
5.		
6.