RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 January 2008
	DOCKET NUMBER:  AR20070012206 


	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

Ms. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Mr. Curtis L. Greenway 

Chairperson

Mr. Joe Schroeder

Member

Mr. Qawiy A. Sabree

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 item 12b (Separation Date This Period), of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected. 

2.  The applicant states, in effect, that he served less than 24 months of active duty service which disqualifies him for benefits unless he was discharged with an early out.  His DD Form 214 lists item 23 (Type of Separation) as "Relief from Active Duty" and item 28 (Narrative reason for Separation) as "Expiration of Term of Service ETS."  He states that if he was discharged at the convenience of the government (Early out) then it should indicate his separation as early out which would qualify him for VA benefits.  He concludes that that if he was given an early out he should be provided with a corrected DD Form 214.

3.  The applicant provides a copy of his DD Form 214 in support of his request.  

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 enlisted in the United States Army Reserve (USAR) under the Delayed Entry Program on 22 September 1983, for 6 years, with an established ETS of 21 September 1989.  He enlisted in the Regular Army on 1 March 1984, for 2 years, with an established ETS of 28 February 1986.  He was trained as an administrative specialist, in military occupational specialty (MOS), 71L.  He was promoted to pay grade E-4 on 1 March 1985. 




3.  On 10 February 1986, a request for Personnel Action, Transfer to a TPU, (troop program unit), was initiated.  The applicant accepted and was confirmed for a specific assignment to a TPU with a release from active duty on 19 February 1986, with 48 months remaining on his military service obligation (MSO).  This request was verified by his recruiter and signed by the applicant.  

4.  The applicant was released from active duty on 19 February 1986.  He completed 1 year, 11 months, and 19 days (23 months and 19 days) of active duty service.  He was transferred to a TPU, of the USAR.  He served until he was honorably discharged on 28 February 1990. 

5.  Item 12b (Separation Date This Period), of his DD Form 214, dated 19 February 1986, shows the entry "86 02 19" (19 February 1986). 

6.  Item 23 (Type of Separation), of the applicant's DD Form 214, shows the entry "Relief from Active Duty" and item 28 (Narrative Reason for Separation), shows the entry "Expiration Term of Service ETS." 

7.  Army Regulation 635-5 governs the preparation of the DD Form 214.  It states, in pertinent part, that item 12b (Separation Date This Period) will be completed to show the Soldier's transition date.  This date may not be the contractual date if the Soldier is separated early, voluntarily extends, is extended to make up the lost time, or retained on AD for the convenience of the Government. 

8.  The same regulation states that item 23 (Type of Separation) will be completed to show the appropriate type of separation and item 28 (Narrative Reason for Separation) will be completed to show the reason for separation based on the regulatory or statutory authority.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant enlisted in the Regular Army on 1 March 1984 with an established ETS date of 28 February 1986.  He requested assignment to a TPU on 10 February, prior to his ETS, which was confirmed for a release date of 19 February 1986, with 48 months remaining on his MSO.  The request was verified by his recruiter and signed by the applicant.  He had completed 23 months and 19 days of active duty service.  Therefore, there is insufficient evidence to correct item 12b, of his DD Form 214, to show that he completed 24 months of active duty service. 


2.  It is evident that the applicant requested early release from active duty to join a TPU 10 days prior to his original scheduled ETS of 28 February 1986.  There is no evidence to show that he was coerced to be released prior to his ETS or was discharged for the convenience of the government (Early out).  He simply volunteered.  Therefore, item 23 and item 28 are correct as currently constituted.

3.  The applicant contends, in effect, that his early release prevented him from qualifying for VA benefits.  The Board does not change the type of separation or the narrative reason for separation, when no error has occurred, solely for the purpose of enabling former service members to obtain eligibility for benefits.  The Board has no authority to direct the VA to award benefits.  Since most VA benefits are based on an individual's service, eligibility depends on the circumstances.  The applicant is advised to contact the nearest VA office to seek their assistance in determining his rights and entitlements.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__QS____  _JS_____  __CG___  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.




_____Curtis L. Greenway ___
          CHAIRPERSON




INDEX

CASE ID
AR20070012206
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20080115
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19860219
DISCHARGE AUTHORITY
AR 635-200, chapter 4
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
113
2.

3.

4.

5.

6.