DOCKET NUMBER: AR20080019732 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, in effect, correction to Item 12b (Separation Date This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty). 2. The applicant states, in effect, that the date shown in Item 12b should reflect 7 December 1983 and not 5 December 1983. He signed a contract for 2 years and has no idea why Item 12b has the date of 5 December 1983. He also states, in effect, that he never changed his original contract and never realized that it did not add up to two full years. He never needed the Department of Veterans Affairs before, but now he has no insurance and because of the dates shown on his DD Form 214, he is ineligible for benefits. 3. The applicant provides no additional documentation in support of his application. 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 military records show he was enlisted in the Army Delayed Entry Program on 2 December 1981. He enlisted in the Regular Army, in pay grade E-1, on 7 December 1981, for 2 years. He completed basic and advanced training and was assigned primary military occupational specialty 05C, Radio Teletype Operator. He was promoted to pay grade E-4 on 1 July 1983. 3. On 5 October 1983, the applicant submitted a request to take advantage of the early release program (Christmas Drop) in accordance with DA Message 151810Z, September 1983. 4. The applicant was honorably separated from active duty, in pay grade E-4, on 5 December 1983, at the expiration of his term of service and under DA Message 151810Z. He was transferred to the United States Army Reserve Control Group (Annual Training). He was credited with 1 year, 11 months, and 29 days net active service in Item 12c (Net Active Service This Period). Item 12b of his DD Form 214 shows that he was separated from active duty on 5 December 1983. 5. Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It stated, in pertinent part, that the DD Form 214 will be prepared for all personnel at the time of retirement, discharge, or release from active duty. The dates the Soldier entered on and separated from active duty will be entered in Items 12a and 12b. Items 12c would contain the net active service time for the period covered by the DD Form 214. DISCUSSION AND CONCLUSIONS: 1. In view of the circumstances in this case, the applicant is not entitled to correction to Item 12b of his DD Form 214. 2. The evidence of record shows the applicant enlisted in the Regular Army for 2 years and entered on active duty on 7 December 1981. On 5 October 1983, in accordance with a DA message he elected to be separated from active duty under the Christmas Drop early release program. He was separated from active duty on 5 December 1983 and issued a DD Form 214 that properly shows a credit of 1 year, 11 months, and 29 days net active service. 3. There is no evidence, and the applicant has provided none, which would indicate that his DD Form 214 is in error or unjust. Therefore, he is not entitled to a correction of his DD Form 214 to show he was released from active duty on any other dates. 4. However, the applicant was separated early for the convenience of the Government. Therefore, the applicant's DD Form 214, Item 18 (Remarks), should be amended to read, "For the purpose of obtaining VA benefits only, the individual was separated at the convenience of the government and has fulfilled his first full term or active service." This statement will be administratively added to the applicant's DD Form 214. The applicant should understand, however, that this correction does not obligate the VA to provide him benefits under their programs. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____x___ ___x____ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214, Item 18 (Remarks), to include the statement, "For the purpose of obtaining VA benefits only, the individual was separated at the convenience of the government and has fulfilled his first full term or active service" and by proving him a corrected DD Form 214. 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correcting Item 12b of his DD Form 214. _______ _ 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) AR20080019732 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080019732 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1