RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  27 February 2007
	DOCKET NUMBER:  AR20060009008 


	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.  


x

	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 correction of item 15a (Member Contributed to 
Post-Vietnam Era Veteran's Educational Assistance Program) (VEAP) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show "YES."

2.  The applicant states that $1,200.00 was withheld from his pay for the first twelve months of his active duty service.  This error prevents him from receiving the education assistance to which he is entitled.

3.  The applicant provides a copy of his DD Form 214 and his Leave and Earnings Statement covering the period 1 to 31 October 2003.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 18 June 2003.  He signed a DD Form 2366 (Montgomery GI Bill Act of 1984) (MGIB) on 23 June 2003 which indicates he enrolled in the MGIB.  

2.  The applicant was honorably released from active duty on 17 June 2006.  Item 15a on his DD Form 214 is checked “NO” indicating he did not contribute to the post-Vietnam era VEAP.

3.  Department of Veterans Affairs Pamphlet 80-05-1, 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:

The applicant’s DD Form 214 is correct.  The applicant enrolled in the MGIB, a separate program from the (post-Vietnam era) VEAP.  He did not enter active duty until the VEAP ended.  The DD Form 214 is only meant to capture data on those who had contributed to the VEAP.  He provides no evidence to show he is being denied MGIB benefits based upon this entry on his DD Form 214.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

x______  x______ x______  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



x________
          CHAIRPERSON




INDEX

CASE ID
AR20060009008
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070227
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
103.0100
2.

3.

4.

5.

6.