RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:

      DOCKET NUMBER:  AR20070006415


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mr. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Richard T. Dunbar             |     |Chairperson          |
|     |Mr. Chester A. Damian             |     |Member               |
|     |Mr. Edward E. Montgomery          |     |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 he be granted a full 24 months
of active duty service.

2.  The applicant states, in effect, that he should be granted the full 24
months of active duty service because he can not seek medical care at VA
(Department of Veterans Affairs) facilities due to being one month short of
the required active duty requirement.  He implores the Board to, "Please
grant me the 30 days so I can seek medical care at any" VA treatment
facility.

3.  The applicant submitted no other documentary evidence, in addition to
his DD Form 149, Application for Correction of Military Record, for the
Board's consideration.

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 service personnel record shows he enlisted in the US
Army Reserve on 19 November 1987.  He was ordered to active duty for
training (ADT) on 3 December 1987.  He was released from ADT on 20 May
1988 on completion of his military occupational specialty (MOS) training.
 He was awarded the MOS 63B, Light Wheel Vehicle Mechanic.  On the date
of his release from ADT, he had completed 5 months and 18 days ADT
service.  He had 14 days prior inactive service.

3.  The applicant was honorably discharged for the purpose of immediately
enlisting in the Regular Army.  On 2 December 1988, the applicant
enlisted in the Regular Army for 4 years.

5.  On 12 April 1990, the applicant was honorably discharged, in the rank
and pay grade, Private, E-2, under the provisions of Army Regulation (AR)
635-200, Paragraph 5-13, due to a personality disorder.  On the date of
his discharge, he had completed 1 year, 4 months, and 12 days of his four-
year enlistment commitment.  The DD Form 214 he was provided shows he had
completed 5 months and 18 days prior ADT service and 6 months and 25 days
prior inactive service.

6.  AR 635-5 (Separation Documents) prescribes the separation documents
that must be prepared for Soldiers on retirement, discharge, release from
active duty service, or control of the Active Army.  It establishes
standardized policy for preparing and distributing the DD Form 214,
Certificate of Release or Discharge from Active Duty.

7.  AR 635-5 contains item-by-item preparation instructions for the DD Form
214, to include Item 12, Record of Service.  The regulation states that all
service shown in Item 12(c) through (e) will be less time lost under title
10 US Code 972 and, time lost after expiration of term of service.

8.  The 2007 Edition of the VA publication, "Federal Benefits for Veterans
and Dependents," states that veterans of the United States armed forces may
be eligible for a broad range of programs and services by the VA, in
addition to medical treatment at its various medical facilities.  These
benefits are legislated in Title 38 of the United States Code.  To
determine their eligibility for enrollment in these programs and their
eligibility for available benefits, veterans are encouraged to visit with a
VA representative for answers.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant served on ADT for the period 3
December 1987 through 20 May 1988, a period of 5 months and 18 days.

2.  The applicant enlisted in the Regular Army and served on active duty
for the period 2 December 1988 through 12 April 1990, a period of 1 year, 4
months, and 12 days.
3.  Adding these two sums of time together produces a total period of time
of 1 year and 10 months.  The calculations of the time served by the
applicant as shown on his DD Forms 214 have been verified and found to be
correct.  The applicant is therefore not entitled to a correction of his DD
Form 214 to show he completed 24 months of ADT and active duty service.

4.  The applicant is advised to visit with a representative of the VA to
determine which of a wide array of veterans programs and benefits he may be
entitled to as a result of the combination of his ADT and active duty
service.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__RTD__  _CD ____  _EM_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.




                                  ___Richard T. Dunbar___
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20070006415                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070927                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0000                                |
|2.                      |110.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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