IN THE CASE OF:	  

		BOARD DATE:	       4 September 2008

		DOCKET NUMBER:  AR20080006784 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that item 12c (Net Active Service this Period) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he served 3 years of active duty.

2.  The applicant states that with his 59 days of accrued leave and his 11 months of active U. S. Army Reserve (USAR) service added he has over 3 years of active service.  He applied for a position with the Texas Department of Public Safety.  The requirement was to have a minimum of 3 years active service, and they did not accept his explanation that with his accrued leave and active Reserve service he had over 3 years of active service.

3.  The applicant provides no additional evidence.

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 USAR Delayed Entry Program (DEP) on           25 October 1982.  He enlisted in the Regular Army for 3 years and entered active duty on 30 September 1983.

3.  On 29 July 1986, the applicant was released from active duty upon his expiration of term of service under the Fiscal Year 1986 Early Release Program and was transferred to the USAR Control Group (Reinforcement).

4.  Item 12c of the applicant’s DD Form 214 shows he completed 2 years and    10 months of creditable active service.  Item 17 (Days Accrued Leave Paid) shows he was paid for 59 days of leave.

5.  On 27 July 1987, the applicant was transferred to a troop program unit.       On 6 July 1988, he was transferred back to the USAR Control Group (Reinforcement).  On 24 October 1988, he was honorably discharged from the USAR.

6.  Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it states the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

7.  Army Regulation 635-5 states that a DD Form 214 will be prepared for members of the Reserve components who are separated after completing         90 days of more of continuous active duty for training, full-time training duty, or active duty support.

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted in the Regular Army for 3 years; however, he was released early, at the convenience of the Government under the Fiscal Year 1986 Early Release Program, after he had completed only 2 years and              10 months of his 3-year enlistment.


2.  The DD Form 214 is only meant to be a synopsis of a Soldier’s most recent period of continuous active duty.  Therefore, any time the applicant served in the USAR after his release from active duty on 29 July 1986, even if he had served on active duty while in the USAR, would not be reflected on his DD Form 214 for the period ending 29 July 1986.  In addition, unless he had served on 90 days or more of continuous active duty while in the USAR he would not have received another DD Form 214.

3.  While it is acknowledged that the applicant had accrued 59 days of leave, that does not alter the fact that he did serve on active duty beyond 29 July 1986.

4.  Therefore, there is insufficient evidence that would warrant granting the relief requested.

5.  The above being said, however, it appears that the applicant would have served out his full enlistment but for the fact he was separated early for the convenience of the Government.  It may or may not assist the applicant for the particular purpose for which he requests the correction of his records but it would be equitable to add in item 18 (Remarks) of his DD Form 214 the entry, “The individual was separated at the convenience of the government and has fulfilled his first full term of service.”  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___xx___  __xx____  __xx____  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding in item 18 of his DD Form 214 the entry, “The individual was separated at the convenience of the government and has fulfilled his first full term of service.”


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 correcting item 12c of his DD Form 214 to show he completed 3 years of net active service.



      _________xxxx_________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080006784



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ABCMR Record of Proceedings (cont)                                         AR20080006784



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