PROCEEDINGS

	IN THE CASE OF:          

	BOARD DATE:                30 January 2001              
	DOCKET NUMBER:       AR2000045800

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Ms. Brenda F. Hirschi		Member	
	Mr. Thomas E. O’Shaughnessy		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 12b of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was separated from the service on 19 August 1999 instead of 30 July 1999; correction of item 12c to show he served 9 years, 7 months and 22 days total active service instead of 9 years, 7 months and 3 days; and correction of item 15a to show he contributed to the Veterans’ Educational Assistance Program (VEAP).  In addition, the applicant requests correction of item 18 (Remarks) to show his disability severance pay as $34,926.00 instead of $38,418.60.

3.  The applicant states, in effect, that these items should be corrected on his DD Form 214.  In support of his application, he submits a memorandum, dated 26 July 1999, from the Transition Management Activity to U.S. Army Enlisted Eligibility Activity (USAEEA) and copies of 14 Leave and Earnings Statements.

4.  The applicant’s military records show that he enlisted in the U.S. Army Reserve on 18 March 1989.  He successfully completed individual active duty training and was awarded military occupational specialty 11C (infantry indirect fire crewman).  On 28 December 1989, he enlisted in the Regular Army and was assigned to Fort Campbell, Kentucky.  He served in Southwest Asia from 15 September 1990 through 9 April 1991.  He reenlisted on 30 April 1993 and served in Hawaii from 12 January 1994 through 16 October 1996.  After returning to the continental United States, the applicant reenlisted again and was discharged from active duty on 19 August 1999.

5.  The applicant’s DD Form 214 shows the entry “1999 07 30” in item 12b.  

6.  The applicant’s personnel records contain Headquarters, National Training Center and Fort Irwin Orders Number 196-29, dated 15 July 1999, which discharged him from active duty on 19 August 1999.  

7.  The applicant’s DD Form 214 shows the entry “0009 07 03” in item 12c.

8.  The applicant provided a copy of a memorandum, dated 26 July 1999, to the Commander, U.S. Army Enlisted Eligibility Activity in St. Louis, Missouri for correction of the applicant’s DD Form 214.  This memorandum shows that the applicant was separated from active duty on 19 August 1999 and that he served 9 years, 7 months and 22 days total active service. 

9.  The applicant’s DD Form 214 shows “No” in item 15a (Member Contributed to Post-Vietnam Era Veteran’s Educational Assistance Program).  DA Form 3286-60/6 (Statement for Enlistment) in the applicant’s records shows the entry “N/A” in the block regarding the U.S. Army College Fund.

10.  Item 18 (Remarks) of the applicant’s DD Form 214 shows the entry “DISABILITY SEVERANCE PAY -- $38,418.60”.  His Leave and Earnings Statement for the period 1-30 September 1999 shows he is entitled to $34,926.00 disability severance pay.

11.  Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that the separation date and net active service will be entered in item numbers 12b and 12c of the DD Form 214.  Item number 15a will show whether a member contributed to the Post-Vietnam Era Veterans’ Educational Assistance Program, as shown in Army Regulation 635-5.

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.  

13.  Army Regulation 635-5 establishes the policies and procedures for completion and distribution of the DD Form 214.  In pertinent part, it states that item 18 (Remarks) is used for entries required by Headquarters Department of the Army for which a separate block is not available and for completing entries that are too long for their blocks. 

CONCLUSIONS:

1.  Evidence of record shows the applicant served on active duty from 28 December 1989 through 19 August 1999.  Therefore, he is entitled to correction of item 12b of his DD Form 214 to show the entry “1999 08 19” as the ending date of his service instead of “1999 07 30” as currently shown on his DD Form 214.

2.  Based on paragraph 1 above, the applicant completed 9 years, 7 months and 22 days total active service; therefore, he is entitled to correction of item 12c of his DD Form 214 to show the entry “0009 07 22” instead of “0009 07 03”.

3.  Records show the applicant enlisted in the Regular Army after the period in which the VEAP was offered to soldiers.  Therefore, he is not entitled to correction of item 15a of his DD Form 214 to show he contributed to the VEAP.

4.  Evidence of record shows the applicant is entitled to $34,926.00 disability severance pay; therefore, item 18 of his DD Form 214 will be amended to show he is entitled to $34,926.00 disability severance pay.

5.  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:

a.  by amending item 12b of the individual concerned DD Form 214 to show the entry “1999 08 19”;

b.  by amending item 12c of his DD Form 214 to show the entry
“0009 07 22”;

c.  by deleting the entry “DISABILITY SEVERANCE PAY -- $38,418.60” in item 18 of his DD Form 214; and

d.  by adding the entry “DISABILITY SEVERANCE PAY -- $34,926.00” in item 18 of his DD Form 214.

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

BOARD VOTE:  

AAO____  BFH_____  TEO____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Arthur A. Omartian_____
		        CHAIRPERSON

INDEX

CASE ID	AR2000045800	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010130	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	100.0000	
2.		
3.		
4.		
5.		
6.