RECORD OF PROCEEDINGS

	IN THE CASE OF:        
				                                                                                                                                                                                                                                                                                     
	BOARD DATE:           16 December 2003                  
	DOCKET NUMBER:   AR2003087736

	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. W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. John N. Slone		Member	
	Ms. Shirley L. Powell		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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show that he participated in the Post-Vietnam Era Veteran's Educational Assistance Program (VEAP)

2.  The applicant states, in effect, that from July 1985 to April 1990 he contributed $50.00 per payday to the VEAP.

3.  The applicant provides copies of his leave and earnings statements (LESs) to substantiate his case.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error which occurred on 4 April 1991, the date of his discharge.  The application submitted in this case is dated 8 February 2003.  

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant served on continuous active duty for 15 July 1982 to 10 April 1991.  He was separated with honorable discharge as a sergeant (E-5) due to the expiration of his term of service.  His DD Form 214 is marked "NO" in Item 15a (Member Contributed to Post-Vietnam Era Veteran's Educational Assistance Program).

4.  The LESs that the applicant submitted show that from July 1985 through 30 November 1989 he contributed $50.00 per month to an education saving account and that, as of 31 January 1991, his VEAP account totaled $8100.00.

5.  VA Pamphlet 80-98-1, Federal Benefits for Veterans and Dependents, informs veterans and dependents of the variety of federal benefits available.  In pertinent part, it states that servicepersons were eligible to enroll in the VEAP if they entered active duty for the first time after 31 December 1976 and before 1 July 1985.  The MGIB provides a program of education benefits to individuals who enter active duty for the first time after 30 June 1985 and receive an honorable discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant originally entered active duty after 1 December 1976 and before 1 July 1985.  He was eligible to participate in the VEAP.

2.  His LESs show that he contributed to the VEAP and that his account totaled $8100.00. 

BOARD VOTE:

__SAC___  _JNS___  __SLP __  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by changing item 15a of his DD Form 214 to mark the "YES" box.

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2003087736	
SUFFIX		
RECON		
DATE BOARDED	20031216	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.