MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:             9 January 2001
	DOCKET NUMBER:   AR2000044714

	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. Carl W. S. Chun		Director	
	Ms. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Mark d. Manning		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Eric N. Andersen		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 his military records be corrected to reflect participation in the Veterans’ Educational Assistance Program (VEAP).

APPLICANT STATES:  He was “not offered the opportunity to participate while in basic training.”  He submits no evidence in support of his request.

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

He enlisted and entered active duty for a period of 4 years on 29 March 1983.  His enlistment contract, which he authenticated, indicates that he opted to participate in the VEAP as one of his enlistment incentives.  The contract notes that “in connection with [his] enlistment for three (3) or more years, the Department of the Army will pay an award of up to $12,000 into my Veterans’ Education Assistance (VEA) account maintained by the Veterans Administration (VA) according to the number of months that I contribute to my VEA account….”  Included as part of the contract was a statement that he understood that he would forfeit entitlement to this enlistment option if he failed to contribute to the basic VEAP for 12 consecutive months during his first enlistment.

On 8 August 1986 the applicant was discharged under honorable condition as a result of a pattern of misconduct.  His DD Form 214 (Certificate of Release or Discharge from Active Duty), which he authenticated, indicates in item 15 that he did not contribute to the Veterans’ Education Assistance Program.  

On 19 October 1987 the applicant enlisted in the Coast Guard and is currently on active duty with that service.

The 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.  

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

1.  Contrary to the applicant’s contention he was offered and accepted an opportunity to participate in the VEAP as part of his enlistment contract.  The fact that his DD Form 214 indicates that he did not contribute to the program tends to support a conclusion that he likely forfeited his entitlement to the program by failing to make the required monthly contributions for 12 consecutive months during his initial enlistment.

2.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy that requirement.

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

___mdm__  __clg___  __ena___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

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