PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           19 June 2003
	DOCKET NUMBER:   AR2003086923

	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. Luis Almodova		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Ms. Lana E. McGlynn		Member	
	Mr. William D. Powers		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 12a (Record of Service/Date Entered Active Duty (AD) This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect the date shown, "85 Aug 15," in Block 22c (date signed), in Section H, on his DD Form 4/3, Enlistment / Reenlistment Document, Armed Forces of the United States.  The applicant also requests that Block 15a (Member Contributed to Post-Vietnam Era Veteran's Educational Assistance Program) of the DD Form 214 be changed from "No" to "Yes."

3.  The applicant states, in effect, that the date shown on his DD Form 214 is his adjusted BASD (Basic Active Service Date) and not the date he entered active duty this period.  He adds that the error was noticed when he attempted to obtain educational benefits through the Department of Veterans Administration (VA).  They sent him a letter indicating that he did not qualify for the GI Bill since his DD Form 214 shows his entry date as 19850506 (6 May 1985, his adjusted BASD), which would have him qualify for the VEAP (Veterans Educational Assistance Program).  The applicant states that Block 15a is incorrect because he contributed to the Post-Vietnam Era Veteran's Educational Assistance Program.

4.  The applicant submitted a copy of his DD Form 214 with a discharge date of 22 February 1998; a copy of a VA letter denying him educational benefits; copies of Jumps-Army, Leave and Earnings Statements, for the period September 1985 through September 1986; to support his application.

5.  The applicant’s military records show he enlisted for 6 years in the pay grade E-3, on 5 February 1983, in the Alabama Army National Guard.  The applicant was ordered to active duty for training on 13 June 1983 to undergo basic combat training.  He was released from active duty for training and returned to the control of the State of Alabama on 5 August 1983.  On 11 June 1984, the applicant was again ordered to active duty for training to undergo advanced individual training.  He was released from active duty for training on 26 July 1984 and returned to the National Guard.

6.  On 27 June 1985, the applicant enlisted in the US Army Reserve, Delayed Entry/Enlistment Program (DEP).  The applicant enlisted in and entered active duty in the Regular Army on 15 August 1985.  He continued to serve until he was honorably discharged on 22 February 1998, in the rank and pay grade Staff Sergeant, E-6, under the provisions of Army Regulation 635-200, chapter 16-5c, due to non-retention on active duty.  The DD Form 214 issued him on his discharge date shows he had served 12 years, 9 months, and 17 days active Federal service this period.

7.  Section H (Confirmation of Enlistment or Reenlistment), of the applicant's DD Form 4/3 shows that the applicant enlisted in the Regular Army on 15 August 1985.

8.  Block 12a (Date Entered AD This Period) shows that the applicant entered active duty, for the period covered by the DD Form 214, on 1985 / 05 / 06 
(6 May 1985).

9.  Block 12c (Record of Service/Net Active Service this Period) of his DD Form 214 shows the entry “0012 / 09 / 17.” 

10.  Block 15a is annotated to show a "No" answer.  The applicant stated in his continuation of the DD From 149, Application for Correction of Military Record, "Member contributed to Post-Vietnam Era Veteran's Educational Assistance Program.  When I answered this question, at the time I got out of the service, I believed the question to be asking if I had contributed to the VEAP Educational Program, which I did not.  I contributed to the Montgomery G.I. Bill Educational Program as indicated on my Leave and Earnings Statement."

11.  Instructions in Army Regulation 635-5 for the completion of Block 15 of the DD Form 214 are as follows:  (a) If soldier contributed to VEAP and did not get money back, mark "YES."  For those who enlisted before 1984, contributed to VEAP, and received their money back, mark "NO."  For any soldier who enlisted after 1985, mark "NO."

CONCLUSIONS:

1.  The evidence of record shows that the applicant enlisted on 15 August 1985.  He is therefore entitled to a correction of Block 12a of his DD Form 214 to show the entry “1985 / 08 / 15,” instead of the entry, “1985 / 05 / 06.”

2.  With correction of Block 12a to show a date of entry on active duty in the Regular Army of 15 August 1985, it will be required that the net active service be recalculated and that an appropriate adjustment be made.

3.  The evidence of record shows that $100.00 was deducted monthly from the applicant's pay beginning in the month of November 1985.  This deduction was a contribution to the Montgomery G.I. Bill Program.  The DD Form 214, Block 15a, was correctly completed and no change is required nor recommended.

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

RECOMMENDATION:

1.  That all Department of the Army records related to this case, for the individual concerned, be corrected by showing the applicant's correct date of entry, 15 August 1985, in Block 12a, and recalculating the net active Federal service performed by the applicant and showing the net service in Block 12c.

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

BOARD VOTE:  

__jns___  __lem___  __wdp___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			John N. Slone
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2003086923	
SUFFIX		
RECON		
DATE BOARDED	20030619	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	100.0000	
2.	100.0200	
3.	110.0000	
4.	110.0100	
5.		
6.