PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           10 September 2002                  
	DOCKET NUMBER:   AR2002068383

	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. G. E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. William D. Barr		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 that the date of his entry onto active duty, in 1985, be corrected as well as the resultant entries based upon the erroneous entry date.  He also asks the record be corrected to show that he contributed to the All-Volunteer-Force Educational Assistance Program of 1984 (the Montgomery G.I. Bill).

3.  The applicant states that the erroneous and incomplete information is precluding him from utilization of his Department of Veterans Affairs (VA) educational benefits.  

4.  The applicant’s military records show that he had enlisted service from 27 October 1981 through 16 May 1984 when he entered the Reserve Officers Training Corps (ROTC).  He received an indefinite term appointment as a second lieutenant on 17 May 1984 and actively participated in the Reserve until called to active duty in 1985.

5.  In accordance with the Office of the Adjutant General, U.S. Army Reserve Components Personnel and Administrative Center Orders A-08-006565, dated 8 August 1985, the applicant was ordered to active duty effective 25 September 1985.

6.  A copy of DD Form 2366 (Veteran's Educational Assistance Act of 1984) shows that the applicant did elect to participate in the program in 1992.  

7.  The applicant submits a copy of a 19 May 1992 receipt from the Disbursing Activity, Fort McClellan, Alabama, for contributions toward the Montgomery G.I. Bill in the amount of $1200.00.

8.  He was separated on 1 March 1996 under the Voluntary Separation Incentive Program.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the following pertinent dates and calculations at: 

a.  Block 12a, that the applicant entered active duty, for this period, on 25 June 1985; 

b.  Block 12c, that he had 10 years, 8 months, and 7 days of net service for this period; 

c.  Block 15a, has "no" checked for contributions to the Post-Vietnam Era Veteran's Educational Assistance Program; and,

d.  Block 18, reports "continuous honorable active service: 19850625 – 19960301." 

CONCLUSIONS:

1.  The Board finds that the applicant's DD Form 214 contains erroneous entries that result in unjustly depriving him of educational benefits that he should otherwise be entitled.

2.  The Board notes that block 15a is specific for contributions to the Post-Vietnam Era Veteran's Educational Assistance Program.  This is not the program that the applicant contributed to; however, there is no notation of the program that the applicant did contribute to, the Montgomery G.I. Bill.  It is therefore appropriate to correct this oversight by noting his contributions in block 18, remarks. 

3.  In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below will correct an error and rectify an injustice.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing, on the DD Form 214 for the individual concerned:

a.  At block 12a, the active duty entry date of 25 September 1985;

b.  At block 12c, net service for this period of 10 years, 5 months, and 7 days; 

c.  At block 18, that the applicant participated in the Montgomery G.I. Bill with full monetary contributions; and,

d.  At block 18, that he had continuous honorable active service from 25 September 1985 though 1 March 1996.

BOARD VOTE:  

__FNE___  __BJE__  __WDB__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__    Fred N. Eichorn____
		        CHAIRPERSON

INDEX

CASE ID	AR2002068383	
SUFFIX		
RECON		
DATE BOARDED	20020910	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT Partial	
REVIEW AUTHORITY		
ISSUES         1.	100.0200	
2.		
3.		
4.		
5.		
6.