IN THE CASE OF: BOARD DATE: 12 January 2016 DOCKET NUMBER: AR20150003579 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he paid into and was authorized the Montgomery GI Bill, and that he was in a missing in action (MIA) status during the Gulf War ground offensive in Iraq. 2. The applicant states: * he paid into the Montgomery GI Bill but his DD Form 214 does not reflect his election * he was MIA in Iraq during the Gulf War ground offensive * when he was 22 years old, he wasn’t informed of the importance of having his DD Form 214 correct 3. The applicant does not provide any supporting documentation. CONSIDERATION OF EVIDENCE: 1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. On 26 October 1988, the applicant enlisted in the Regular Army (RA). After his initial training he was awarded military occupational specialty 27T (Avenger System Repairer). 3. During the applicant’s initial entry into the service, he completed DD Form 2366 (Veterans Educational Act) which shows he was not eligible for the Veterans Educational Assistance Program (VEAP). However, it does reveal that he signed a “Statement of Enrollment” into the Montgomery GI Bill and acknowledged the program's guidelines by affixing his signature. 4. On 25 October 1992, the applicant was honorably discharged. He completed 4 years of active duty service. His DD Form 214 shows in: * item 12f (Record of Service – Foreign Service) – “7 months and 11 days” * item 15a (Member contributed to Post-Vietnam Era VEAP) – “No” * item 18 (Remarks): o No mention of the servicemember being MIA o “Service in Southwest Asia 900908 -910418” 5. A review of the applicant’s record does not reveal that he was in an MIA status during his time in Southwest Asia. 6. Army Regulation 635-5 (Separation Documents), as in effect at the time (1989), provided detailed instructions for completing separation documents, including the DD Form 214. It provided that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provided a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The regulation did not provide for an entry on the DD Form 214 indicating a Solider has contributed to the Montgomery GI Bill. DISCUSSION AND CONCLUSIONS: 1. The applicant contends his DD Form 214 should be corrected to show he was enrolled in the Montgomery GI Bill and that he was in an MIA status during his service in Iraq. 2. The evidence of record shows he signed a DD Form 2366 in which he enrolled in the Montgomery GI Bill Program and acknowledged the program's guidelines by affixing his signature. 3. The applicant’s DD Form 214, item 15a correctly lists that he was not a participant in the VEAP since he enrolled in the Montgomery GI Bill; however, his Montgomery GI Bill election is not required to be listed on his DD Form 214. 4. The applicant’s record is void of sufficient evidence that shows he was MIA during his service in Southwest Asia, nor does he provide any evidence to show he was MIA. 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 I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20110014187 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150003579 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1