| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy Amos | Analyst |
| Ms. Joann Langston | Chairperson | |
| Mr. George D. Paxson | Member | |
| Mr. Charles Gainor | Member |
2. The applicant requests, in effect, that his Certificate of Release or Discharge from Active Duty, DD Form 214, be corrected to show he completed his full 2-year service obligation.
3. The applicant states that the Department of Veterans Affairs (VA) denied him medical benefits because he did not complete 24 months of active duty. He was shipped from Germany to outprocess at Fort Dix, NJ so he guesses he was released early because that was just how it worked out. He had no intentions of leaving before his agreed-upon term of service. His early release was due to no fault of his.
2. The applicant’s military records show he enlisted in the Regular Army on 17 May 1983 for 2 years. He was serving in Germany at the time of his expiration term of service. The orders assigning him to the transfer point at Fort Dix, NJ are not available. He was honorably released from active duty on 9 May 1985, upon completing his term of service, after completing 1 year, 11 months, and 23 days of creditable active service with no time lost.
3. On 7 January 2002, the VA informed the applicant that he was not eligible for VA medical care as he did not serve at least 24 months on active duty and he did not have any compensable service-connected disabilities.
4. Paragraph 030106 of the Department of Defense Financial Management Regulation states that members on excess leave are not entitled to pay and allowances.
CONCLUSIONS
1. The applicant enlisted for 2 years and completed his required active service. However, it appears that due to circumstances beyond the applicant’s control (most likely due to port call considerations), he departed Germany early and separated on 9 May 1985 at which time he had completed 1 year, 11 months, and 23 days of creditable active service. This unjustly prevents the applicant from receiving certain VA benefits.
2. It would be equitable to now show the applicant was placed on 7 days excess leave, was separated on 16 May 1985, and to amend his DD Form 214 to show he separated on 16 May 1985 after completing 2 years of creditable active service. This correction is only for the purpose of entitling the applicant to certain VA benefits and does not entitle him to any additional pay and allowances.
3. 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:
a. showing the applicant was placed on 7 days excess leave from 10 through 16 May 1985; and
b. issuing to the applicant a Correction to DD Form 214, Certificate of Release or Discharge from Active Duty, DD Form 215, showing he was on excess leave from 10 through 16 May 1985 and correcting blocks 12b and 12c of his DD Form 214 to show he separated on 16 May 1985 and that he completed 2 years, 0 months, and 0 days of net active service.
BOARD VOTE:
__jl____ __gdp___ __cg____ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
Joann Langston
______________________
CHAIRPERSON
| CASE ID | AR2002068209 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020425 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (GRANT) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 110.01 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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