RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 8 May 2007 DOCKET NUMBER: AR20060015837 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. Gerard W. Schwartz Acting Director Mr. G. E. Vandenberg Analyst The following members, a quorum, were present: Ms. Linda D. Simmons Chairperson Mr. Jerome L. Pionk Member Mr. Eddie L. Smoot Member 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 the entry at block 15a on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he contributed to the Post-Vietnam Era Veterans Educational Assistance Program (VEAP). 2. The applicant states he did contribute to the educational assistance program and needs the record corrected to allow him to use his educational benefits. 3. The applicant provides copies of a DD Form 2366 (Veterans' Educational Assistance Act of 1984 [New GI Bill]), a DA Form 3686-1 (Jumps Army Leave and Earnings Statement [LES]), and his 6 December 1995 DD Form 214. CONSIDERATION OF EVIDENCE: 1. The applicant is requesting correction of an alleged error which occurred on 6 December 1995, the date of his discharge. The application submitted in this case was received on 13 November 2006. 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 limitations 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 records show the applicant entered active duty on 25 June 1991 and was honorably discharged on 6 December 1995. 4. At the time of his entry onto active duty he completed a DD Form 2366 requesting participation in the Veterans' Educational Assistance Act of 1984 (New GI Bill). In the statement of understanding the applicant was advised that he had 10 years from the date of separation to utilize his benefits. 5. The LES provided shows contribution of $100.00 toward the GI Bill. 6. The DD Form 214, block 15a, indicates the applicant did not participate under the Post-Vietnam Era Veterans Educational Assistance Program. 7. Army Regulation 635-5 (Separation Documents) states that item 15a is to denote participation in the POST-VIETNAM Veterans' Educational Assistance Program (VEAP). It indicates that if a 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." DISCUSSION AND CONCLUSIONS: 1. The New GI Bill and the VEAP are two separate and distinct programs. The applicant did not enter active duty until seven years after the end of the VEAP. He participated under the New GI Bill, not the VEAP. 2. The indication on the DD Form 214 that the applicant did not contribute under the VEAP is correct and no correction is warranted. 3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement. 4. Records show the applicant should have discovered the alleged error or injustice now under consideration on 6 December 1995; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 5 December 1998. The applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to timely file in this case. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __LDS___ __JLP __ __ELS__ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that 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. 2. As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law. Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned. ___ Linda D. Simmons___ CHAIRPERSON INDEX CASE ID AR20060015837 SUFFIX RECON DATE BOARDED 20070508 TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY DISCHARGE REASON BOARD DECISION DENY REVIEW AUTHORITY ISSUES 1. 103 2. 3. 4. 5. 6.