MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           24 January 2002                  
	DOCKET NUMBER:   AR2001064494

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Walter T. Morrison 		Member	
	Mr. Richard T. Dunbar		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That his Post Vietnam Era Veterans Education Assistance Program (VEAP) entitlement be converted to the Montgomery GI Bill (MGIB). 

APPLICANT STATES:  In effect, that his request to convert from the VEAP to the MGIB was denied by the US Total Army Personnel Command (PERSCOM).  He believes their denial is based upon his placement on the Temporary Disability Retirement List (TDRL) due to a line of duty accident that handicapped him.  The PERSCOM’s refusal to convert the funds after he was found physically fit and returned to active duty is wrong and in fact constitutes prejudice to a handicapped person.

In support of his request, he submits a series of e-mails between himself and the PERSCOM concerning his request, and a leave and earning statement that shows he had monies in a VEAP account.
  
EVIDENCE OF RECORD:  The applicant's military records show:

He was appointed a 2nd lieutenant in the United States Army Reserve and entered active duty on 22 June 1984.  On 3 December 1995, he was placed onto the TDRL.  On 1 June 1998, he was found fit for duty and was released from the TDRL and returned to active duty on 15 August 1998.  He currently holds the rank of major and is stationed at Fort Meade, Maryland.

On 19 November 2001, the PERSCOM responded to the applicant’s inquiry concerning conversion from VEAP to MGIB.  The PERSCOM’s letter stated that Public Law 106-419, Veterans Benefits and Health Care Improvement Act of 2000, provided an opportunity for service members who were VEAP participants on October 9, 1996, and who served continuous active duty from 9 October 1996 to 1 April 2000, to convert to the MGIB not later than October 31, 2001.  The conversion opportunity was available only to persons eligible under this law.  Records available to the PERSCOM indicated that the applicant did not serve on continuous active duty during the above time period.  In fact, the applicant confirmed that he was on the TDRL.  Unfortunately, the time a service member is on the TDRL is not considered active duty time.  This break in service prevented the applicant from meeting the eligibility for conversion to the MGIB under this law.

The VEAP was an educational incentive program offered to individuals who enlisted between 1 January 1977 and 30 June 1985.  The program was designed for the post-Vietnam era soldier as a means of establishing a fund to support their educational objectives following military service.  Participation in the VEAP was a voluntary option and was replaced, in July 1985, by the MGIB and the Army College Fund Program.

The MGIB, as outlined in Title 38, United States Code, chapter 30, section 1411b, provides for soldiers who entered the service after 30 June 1985 to contribute $1,200.00 to the program during their first 12 months of service. Participation in the program is automatic, unless the soldier voluntarily withdraws from the program at the time of processing into the Army at a reception station. Under normal situations, the $1,200.00 contribution is nonrefundable. The Department of Veterans Affairs administers the program after the soldier is separated from active duty. 

Public Law 106-419 authorizes participants in the VEAP who have continuously served on active duty since 9 October 1996 through at least 1 April 2000, to convert to the MGIB program.  This law provides a one-year enrollment period and requires monthly pay reductions to cover program costs.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The law concerning conversion from the VEAP to MGIB is clear that only individuals who served continuously on active duty from 9 October 1996 through 1 April 2000, were eligible for the conversion.  The applicant was in a non-active duty status while he on the TDRL from 3 December 1995 to 4 August 1998.  As the law is written, the applicant was not eligible for the conversion.  Therefore, no correction to his records is warranted.

2.  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.

3.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___gdp__  ___wtm__  ____rtd__  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2001064494	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020124	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.128.14		
2.		
3.		
4.		
5.		
6.