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Decision Text

ARMY | BCMR | CY2001 | 2001057127C070420
Original file (2001057127C070420.rtf) Auto-classification: Approved

PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 30 August 2001
         DOCKET NUMBER: AR2001057127


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

Mr. Carl W. S. Chun Director
Mr. Joseph A. Adriance Analyst


The following members, a quorum, were present:

Mr. Raymond V. O’Connor, Jr. Chairperson
Mr. Christopher J. Prosser Member
Ms. Linda D. Simmons Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

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

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests, in effect, that he should receive credit for completing his entire term of service in order to be eligible to receive benefits from the Department of Veterans Affairs (VA).

3. The applicant states, in effect, he took an early out thinking that this time would not be deducted from his total term of service and his being released
5 days early has resulted in his unfairly being denied VA benefits.

4. The applicant’s military records show that on 12 January 1982, he enlisted in the Regular Army for 2 years. He successfully completed One Station Unit Training (OSUT) at Fort Benning, Georgia and was awarded a military occupational specialty of 11B (Infantryman).

5. He was assigned to Germany for his first permanent duty station and arrived there for duty on 30 April 1982. He served there until being returned to the United States for separation processing on 21 December 1983. His service record shows that he attained the rank of specialist four/E-4 and earned the Army Achievement Medal, Army Occupation Medal, and Army Service Ribbon during his active duty tenure.

6. On 6 January 1984, he was honorably released from active duty after completing a total of 1 year, 11 months, and 25 days of active military service. The authority and reason for his separation was chapter 4, Army Regulation
635-200, completion of term of service.

7. Army Regulation 625-5 prescribes the policy, procedure, and guidance on the preparation of separation documents that are prepared for individuals upon retirement, discharge, or release from active duty military service or control of the Army. It establishes standardized policy for preparing and distributing the separation document (DD Form 214) and states, in pertinent part, that the entry “SOLDIER HAS COMPLETED FIRST FULL TERM OF SERVICE” will be entered in block 18 (Remarks) of the DD Form 214 issued to soldiers separated early for the convenience of the government if the narrative reason for their separation is listed as “completion of term of service”.

CONCLUSIONS:

1. The evidence of record confirms that the applicant was honorably released from active duty upon the completion of his term of service. His 5 day early release was clearly for the convenience of the government and was not intended to deprive him of any earned benefits or entitlements due him as a result of his honorable service.

2. In view of the foregoing, the applicant’s records should be corrected as recommended below.
RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing the individual concerned completed his full term of service and was released 5 days early for the convenience of the government by adding the statement “SOLDIER HAS COMPLETED FIRST FULL TERM OF SERVICE” to block 18 (Remarks) of the DD Form 214 issued to him upon his release from active duty on 6 January 1984.

BOARD VOTE:

___RVO_ __CJP _ __LDS___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




         ___Raymond V. O’Connor, Jr. __
                  CHAIRPERSON




INDEX

CASE ID AR2001057127
SUFFIX
RECON
DATE BOARDED 2001/08/30
TYPE OF DISCHARGE HD
DATE OF DISCHARGE 1984/01/06
DISCHARGE AUTHORITY AR 635-200 C4
DISCHARGE REASON ETS
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 1021 100.0000
2.
3.
4.
5.
6.



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