ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  30 October 2019

	DOCKET NUMBER:  AR20170015146


APPLICANT REQUESTS:  correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) for the period ending 14 August 2004, to show in Item 15 
(Member Contributed to Post-Vietnam Era Veterans Educational Assistance Program 
(VEAP) the entry "Yes"

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Leave and Earning Statements (LES)

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code (USC), section 1552(b); however, the Army Board for Correction of Military 
Records (ABCMR) conducted a substantive review of this case and determined it is in 
the interest of justice to excuse the applicant's failure to timely file. 

2.  Applicant states his pay records reflect a monthly deduction of $100.00 towards his 
educational assistance program.

3.  A review of the applicant’s service records shows:

	a:  He enlisted in the Regular Army on 15 August 2001.

	b.  The applicant was honorably released from active duty on 14 August 2004.  
Block 15a (Member Contributed to Post Vietnam Era Veterans Educational Assistance 
Program) of his DD Form 214 is marked with an "X" in the "No" Block. 

4.  The applicant provided 12 months of his LES showing $100 deductions were made 
towards his Montgomery GI Bill education benefits.

5.  By regulation (AR 635-5), the purpose of the separation document is to provide the 
individual with documentary evidence of their military service.  The applicable regulation 
states in Item 15, 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."

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the relief 
was not warranted.  The applicant’s contentions were carefully considered.  Evidence of 
record shows the applicant enlisted after 1985 and contributed to the MGIB.  The Board 
agreed the DD Form 214 was completed within regulatory guidance.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	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 the overall merits of this case are insufficient 
as a basis for correction of the records of the individual concerned.


	  
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.


REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three 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 three-year statute of 
limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation 635-5, then in effect, prescribes the separation documents that 
must be prepared for Soldiers on retirement, discharge, release from active duty 
service, or control of the Active Army.  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.  The DD Form 
214 is a summary of a Soldier's most recent period of continuous active duty.  For Block 
15, 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."

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170015146

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