DOCKET NUMBER: AR20090004430 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 item 15a (Member Contributed to Post-Vietnam Era Veteran's Educational Assistance Program (VEAP)) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show "Yes" instead of "No." 2. The applicant states that he contributed the amount of $100.00 per month for 12 months and would like his DD Form 214 corrected so he can go to school. 3. The applicant provides a copy of his DD Form 214, dated 14 April 2003, in support of his request. 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. The applicant's records show that he enlisted in the U.S. Army Reserve (USAR) on 30 December 1996 for a period of 8 years under the Delayed Entry Program (DEP). Item 5 (Statement of Understanding) of his DA Form 3286-67 shows he enlisted for the following Educational Incentive Program: Montgomery GI Bill (MGIB). 3. The applicant's records also show that he enlisted in the Regular Army for a period of 3 years on 16 January 1997. A copy of his DA Form 2366 (Montgomery G.I. Bill Act of 1984 (MGIB)-Basic Enrollment) is not available for review with this case. 4. The applicant's records also show he completed basic combat and advanced individual training and was awarded military occupational specialty 11B (Infantryman). He completed various assignments in and outside the continental United States, attained the rank/grade of specialist (SPC)/E-4, and executed a 4-year reenlistment on 15 April 1999. 5. The applicant was honorably released from active duty in the rank/grade of SPC/E-4 on 14 April 2003 and transferred to the USAR Control Group (Reinforcement) for completion of his military service obligation. The DD Form 214 he was issued shows he completed 6 years, 2 months, and 29 days of creditable Federal service. Item 15a of his DD Form 214 shows an "X" in the "No" block. 6. An email, dated 28 May 2009, from the Analysis and Reconciliation Branch of the Defense Finance and Accounting Service confirmed that there is no record that the applicant contributed to the VEAP 7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of their military service. It is important that information entered on the form should be complete and accurate. Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214. It states, in pertinent part, that item 15a shows a yes or no entry. 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 applicant contends that his DD Form 214 should be corrected to show he contributed to the VEAP. 2. The VEAP program is different from the MGIB in that VEAP was available if a member elected to make contributions from his/her military pay to participate in this education benefit program. The member's contributions are matched on a $2 for $1 basis by the Government. To qualify for VEAP, in addition to other conditions, a member must have entered the service between 1 January 1977 and 30 June 1985. 3. There is no evidence in the available record and the applicant did not provide any evidence that he contributed any money towards a post–Vietnam era VEAP. Even if the applicant contributed to VEAP, the applicant enlisted after 1985 and the entry would have been a "No." Therefore, item 15a is correctly annotated as "No." 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) AR20090004430 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090004430 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1