PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            25 May 2000
	DOCKET NUMBER:   AR2000036819

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

	Mr. Carl W. S. Chun		Director	
	Mr. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Mr. Elzey J. Arledge, Jr.		Chairperson	
	Mr. Ernest W. Lutz, Jr.		Member	
	Mr. Kenneth L. Wright		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

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

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, that block 15a (Member Contributed to Post Vietnam Era Veteran’s Educational Assistance Program) of his DD Form 214 (Certificate of Release or Discharge From Active Duty) be changed to indicate yes rather than no.

3.  The applicant states, in effect, that he is entitled to the benefits based on his having contributed.  He has enclosed a copy of a finance documents which includes a cash collection voucher that shows that he in fact paid $1,200, his participation contribution to the Montgomery GI Bill (MGIB).

4.  The applicant’s military records show that he initially entered active duty on 
11 June 1986, and served continuously for 8 years and 25 days until his separation, in the rank of specialist/E-4, on 5 July 1994.  

5.  The evidence of record contains a Department of Defense Form 1131 (Cash Collection Voucher), dated 5 July 1994.  This document verifies that a collection of $1,200 was taken from the applicant’s pay on that date.  The purpose of the payment was recorded as payment in full to the MGIB in order for the applicant to qualify for benefits.  

6.  The DD Form 214 issued to the applicant upon his separation on 5 July 1994, indicates that he was honorably separated, under the provisions of paragraph 
16-8 of Army Regulation 635-200, by reason of reduction in force.  Block 15a of the DD Form 214 contains an “x” in the no block response, which indicates that the applicant did not contribute to a post Vietnam veterans education program.  

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for preparing and distributing DD Form 214 (Certificate of Release or Discharge from Active Duty).  Table 2-1 of this regulation contains the block by block preparation instructions for the DD Form 214.  The specific instructions for completing block 15 of the DD Form 214 are “enter yes or no as provided by individual”.  

CONCLUSIONS:

1.  Based on the evidence or record and the applicable DD Form 214 preparation instructions contained in the regulation, the Board determined it would be appropriate to grant the relief requested by the applicant.

2.  The evidence shows that the applicant provided his contribution payment for the MGIB on the same day he was separated from active duty.  Further, it is clear he was honorably separated from active duty after completing the amount of service necessary to qualify for education benefits under the MGIB.  In addition, the regulatory guidance on preparation of the DD Form 214 indicates that the source for the information entered in block 15 is the applicant.  Therefore, the Board determined a correction to block 15a of the DD Form 214 to indicate a yes response is warranted. 

3.  The applicant is advised that this Board action is taken to correct his military record, which was found to be in error.  It is based on the evidence presented and the available records, and serves only to correct his military records by changing the response in block 15a of his DD Form 214.  This action does not in any way provide a determination on the applicant’s eligibility or ineligibility to receive benefits under the MGIB.  The authority for this determination rests with the VA.  

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing a “yes” response in block 15a (Member Contributed to Post Vietnam Era Veteran’s Educational Assistance Program) of the DD Form 214 issued to the applicant on 5 July 1994.

BOARD VOTE:  

___ewl __  ___klw__  ___eja __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Elzey J. Arledge, Jr.___
		        CHAIRPERSON

INDEX

CASE ID	AR2000036819	
SUFFIX		
RECON		
DATE BOARDED	2000/05/25	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1994/07/05	
DISCHARGE AUTHORITY	AR 635-200 C16	
DISCHARGE REASON	Reduction in Force	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  1018	103.0100	
2.		
3.		
4.		
5.		
6.