RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        28 November 2006
      DOCKET NUMBER:  AR20060005990


      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. Dean L. Turnbull              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Ms. Susan A. Powers               |     |Member               |
|     |Mr. Dennis J. Phillips            |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his DD Form 214 (Certificate of
Release or Discharge from Active Duty) be corrected in a manner to show
that he completed a full 2 years of active duty.

2.  The applicant states, in effect, that the military discharged him three
weeks early from Germany due to the Christmas Early Release Program.  Also,
he states that the Army could not make his discharge date to fall on 3
January  
1985, so he needs to have his full term of service shown on his DD Form 214
in order to qualify for veteran's benefits.

3.  The applicant provides a copy of his DD Forms 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 11 December 1984, the date he was released from active duty.
The application submitted in this case was received on 26 April 2006.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's records show that he entered active duty on 3 January
1983.  He completed basic combat training and advanced individual training
and was awarded the military occupational specialty 63T1O (Bradley Fighting
Vehicle System Mechanic).

4.  He served a tour in Germany and was honorably released from active duty
on 11 December 1984, due to early separation of overseas returnee
"Christmas Early Release Program."  He completed 1 year, 11 months, and 9
days of active service.

5.  Army Regulation 135-91 (Service Obligations, Methods of Fulfillment,
Participation Requirements, and Enforcement Procedures), then in effect,
prescribes policies and procedures governing the various types of service
obligations and participation requirements.  This regulation provides that
for the purpose of satisfying the active duty requirement of a statutory or
contractual obligation, officer and enlisted Soldiers are credited with
completing 2, 3, 4, or
5 years of active duty when they serve to within 90 days of the 2, 3, 4, or
5 year period.

6.  The Christmas and New Year holiday period is established by
Headquarters, Department of the Army, and the holiday early release
schedule is announced in a MILPER message in effect at the time.

7.  Army Regulation, 635-200 (Personnel Separation), states, in pertinent
part, that early transition normally begins on 1 December, or the first
Monday thereafter, and extends to a date preceding Christmas, approximately
one week, sufficient to permit the Soldier adequate travel time.  Soldiers
whose expiration term of service fall between the first Monday in December
and the announced date in January that terminates the holiday period are
normally eligible for early release.

10.  Army Regulation 635-5 (Separation Documents), currently in effect, in
pertinent part, provides for a mandatory entry in the remarks section of
the
DD Form 214 that indicates whether or not the member has completed their
first full term of service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records be corrected to show
that he completed a full 2 years of active duty so that he can qualify for
veteran's benefits.

2.  In order to justify correction of a military record the applicant must,
or it must otherwise satisfactorily appear, that the record is in error or
unjust.  The applicant has failed to submit evidence that would satisfy
that requirement.  It is determined that the applicant was separated in
accordance with all regulations in effect at the time.

3.  Notwithstanding the above, the evidence shows that the applicant
contractual obligation was two years in order for him to qualify for the
Christmas Early Release Program within 90 days of his 2 years contractual
obligation.  Therefore, he is considered as having satisfied the active
duty requirement of his contractual obligation.

4.  As such, current regulation directs an entry be made in the Remarks
section of the DD Form 214.  Therefore, as an exception to policy in this
case only, in the interest of justice, it would be appropriate to include
the entry, "SOLDIER HAS COMPLETED FIRST FULL TERM OF SERVICE" in Item 18
(Remarks) of the applicant's DD Form 214.

5.  Records show the applicant should have discovered the alleged injustice
now under consideration on 11 December 1984; therefore, the time for the
applicant to file a request for correction of any error or injustice
expired on 10 December 1987.  The applicant did not file within the 3-year
statute of limitations; however, based on the available evidence, it would
be in the interest of justice to excuse failure to timely file in this
case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___jtm___  ___sap__  ___djp___  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 and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by making the entry
"SOLDIER HAS COMPLETED FIRST FULL TERM OF SERVICE" in Item 18 (Remarks) of
the applicant's
DD Form 214, as an exception to policy.

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
showing completion of
2 years active duty.




                            _________John T. Meixell________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005990                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061128                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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