PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:                19 September 2000
	DOCKET NUMBER:       AR2000041578

	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	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Hubert O. Fry, Jr.		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Regan K. Smith		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 correction of item 13 (Awards and Decorations) and item 15 (Member Contributed to Post-Vietnam ERA Veteran’s Educational Assistance Program) of her DD Form 214 (Certificate of Release or Discharge from Active Duty).

3.  The applicant states that her DD Form 214 does not show the Army Achievement Medal or the Army Commendation Medal and that item 15 of her DD Form 214 should show the entry “yes” instead of “no”.  In support of her application she submits a copy of her DD Form 214, a copy of DA Form 3686-1 (Leave and Earning Statement) and an award certificate for the Army Achievement Medal and the Army Commendation Medal.

4.  The applicant’s military records show that she enlisted on 30 July 1991 as a
terrain analyst and continued to serve until she was honorably released from active duty on 27 July 1995 and was transferred to the USAR Control Group (Reinforcement).

5.  The applicant’s DD Form 214 does not show the Army Achievement Medal or the Army Commendation Medal as authorized awards.

6.  The applicant provided copies of award certificates which show that she was awarded the Army Achievement Medal and the Army Commendation Medal.

7.  The applicant’s DD Form 214 indicates in block 15a that she did not contribute to the Post-Vietnam ERA Veteran’s Educational Assistance Program.

8.  The applicant provided a copy of a leave and earning statement which shows that she contributed to the Montgomery GI Bill (MGIB) Program.

9.  The applicant’s official military personnel file contains a copy of DA Form 3286-67 (Statement of Understanding) which shows she enlisted for the MGIB.

10.  The 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 to the program during their first 12 months of service.  Participation in the program is automatic, unless the soldier voluntarily withdraws from the program at the time of processing into the Army at a reception station.  Under normal situations, the $1,200.00 contribution is nonrefundable.  The program is administered by the VA after the soldier is separated from active duty.

11.  Under VA regulations, service members must serve at least 20 months of a service obligation of less than 3 years, or 30 months of a service obligation of 
3 years or longer to be eligible to qualify for the MGIB.  There are only four exceptions: 1) a discharge for a service-connected disability; 2) a hardship 
discharge; 3) a discharge for a pre-existing medical condition; or, 4) an involuntary separation due to reduction in force.  In all cases, the soldier’s service must be considered fully honorable.

12.  The Veterans’ Education Assistance Program (VEAP) was an educational incentive program offered to individuals who enlisted between 1 January 1977 and 30 June 1985.  The program was designed for the post-Vietnam era soldier 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 Montgomery GI Bill and the Army College Fund Program.  

CONCLUSIONS:

1.  Evidence of record shows that the applicant was awarded the Army Achievement Medal and the Army Commendation Medal; therefore, she is entitled to correction of her records to show these awards.

2.  The evidence of record confirms that the applicant was honorably discharged and completed over 30 months of service obligation to be eligible to qualify for the MGIB.

3.  Evidence of record shows that the applicant contributed to and enlisted for the MGIB.  The Board noted that the applicant did not contribute to VEAP which
was an educational program offered to individuals who enlisted between 1 January 1977 and 30 June 1985 and was designed for the Post-Vietnam Era soldier as a means of establishing a fund to support their educational objectives following their military service.  Therefore, she is not entitled to correction of item 15a of her DD Form 214 to show that she contributed to the Post-Vietnam Era Veteran’s Educational Assistance Program.  

4.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Army Achievement Medal and the Army Commendation Medal.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

HOF____  JPI_____  RKS____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		    HUBERT O. FRY, JR.
		        CHAIRPERSON

INDEX

CASE ID	AR2000041578	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000919	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19950727	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT/DENY	
REVIEW AUTHORITY		
ISSUES         1.  1021		
2.  46		
3.		
4.		
5.		
6.