DOCKET NUMBER: AR20080019732
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, in effect, correction to Item 12b (Separation Date This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states, in effect, that the date shown in Item 12b should reflect 7 December 1983 and not 5 December 1983. He signed a contract for 2 years and has no idea why Item 12b has the date of 5 December 1983. He also states, in effect, that he never changed his original contract and never realized that it did not add up to two full years. He never needed the Department of Veterans Affairs before, but now he has no insurance and because of the dates shown on his DD Form 214, he is ineligible for benefits.
3. The applicant provides no additional documentation in support of his application.
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 applicants 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 applicants 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 military records show he was enlisted in the Army Delayed Entry Program on 2 December 1981. He enlisted in the Regular Army, in pay grade E-1, on 7 December 1981, for 2 years. He completed basic and advanced training and was assigned primary military occupational specialty 05C, Radio Teletype Operator. He was promoted to pay grade E-4 on 1 July 1983.
3. On 5 October 1983, the applicant submitted a request to take advantage of the early release program (Christmas Drop) in accordance with DA Message 151810Z, September 1983.
4. The applicant was honorably separated from active duty, in pay grade E-4, on 5 December 1983, at the expiration of his term of service and under DA Message 151810Z. He was transferred to the United States Army Reserve Control Group (Annual Training). He was credited with 1 year, 11 months, and 29 days net active service in Item 12c (Net Active Service This Period). Item 12b of his DD Form 214 shows that he was separated from active duty on 5 December 1983.
5. Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It stated, in pertinent part, that the DD Form 214 will be prepared for all personnel at the time of retirement, discharge, or release from active duty. The dates the Soldier entered on and separated from active duty will be entered in Items 12a and 12b. Items 12c would contain the net active service time for the period covered by the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. In view of the circumstances in this case, the applicant is not entitled to correction to Item 12b of his DD Form 214.
2. The evidence of record shows the applicant enlisted in the Regular Army for 2 years and entered on active duty on 7 December 1981. On 5 October 1983, in accordance with a DA message he elected to be separated from active duty
under the Christmas Drop early release program. He was separated from active duty on 5 December 1983 and issued a DD Form 214 that properly shows a credit of 1 year, 11 months, and 29 days net active service.
3. There is no evidence, and the applicant has provided none, which would indicate that his DD Form 214 is in error or unjust. Therefore, he is not entitled to a correction of his DD Form 214 to show he was released from active duty on any other dates.
4. However, the applicant was separated early for the convenience of the Government. Therefore, the applicant's DD Form 214, Item 18 (Remarks), should be amended to read, "For the purpose of obtaining VA benefits only, the individual was separated at the convenience of the government and has fulfilled his first full term or active service." This statement will be administratively added to the applicant's DD Form 214. The applicant should understand, however, that this correction does not obligate the VA to provide him benefits under their programs.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____x___ ___x____ ___x____ 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 amending his DD Form 214, Item 18 (Remarks), to include the statement, "For the purpose of obtaining VA benefits only, the individual was separated at the convenience of the government and has fulfilled his first full term or active service" and by proving him a corrected DD Form 214.
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 12b of his DD Form 214.
_______ _ x_______ ___
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) AR20080019732
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080019732
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100021538
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) by amending item 12b (Separation Date This Period) to show 11 December 1983 [intended date is 10 December 1983] instead of 5 December 1983. c. Item 12c (Net Active Service This Period) - is computed by subtracting item 12a from item 12b and then deducting any lost time and non-creditable service after the date of discharge. As a result, the Board recommends that all...
ARMY | BCMR | CY2006 | 20060004741C070205
The evidence shows the applicant reenlisted on 11 May 1977 and continued to serve until he was honorably discharged on 6 December 1989. However, the evidence shows he completed only 3 years and 16 days of total prior service from his previous DD Form 214, dated 10 May 1977. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the entry "03 00 16" in item 12d (Total Prior Active Service), of his DD Form 214, dated 6...
ARMY | BCMR | CY2010 | 20100026612
The applicant's records show he was commissioned as a Reserve commissioned officer of the Army in the rank of second lieutenant on 13 May 1979. Item 12a (Date Entered Active Duty This Period) of his DD Form 214 shows he entered active duty on 13 June 1983. The evidence of record clearly shows he entered active duty on 13 June 1983.
ARMY | BCMR | CY2011 | 20110021665
The applicant, the spouse and legal guardian of a former service member (FSM), requests correction of her husband's DD Form 214 (Certificate of Release or Discharge from Active Duty) to include time spent on the Temporary Disability Retirement List (TDRL). On 18 May 1983, a PEB found the FSM was physically unfit and recommended a combined disability rating of 100% and that the FSM be permanently retired from the service. The evidence of record confirms the FSM entered active duty on 19...
ARMY | BCMR | CY2006 | 20060005990C070205
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. 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. Therefore, as an exception to policy in this case only, in the interest of justice, it would be appropriate to include the entry,...
ARMY | BCMR | CY2009 | 20090013468
Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. Although the applicant contends that he was released from active duty on 5 December 1987, retirement orders show his effective date of retirement was 2 December 1987 which is properly shown in item 12b of his DD Form 214 for the period ending 2 December 1987. Evidence of...
ARMY | BCMR | CY2008 | 20080002808
IN THE CASE OF: BOARD DATE: 15 May 2008 DOCKET NUMBER: AR20080002808 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, that the date entered in Item 12b (Separation Date This Period) of her separation document (DD Form 214) be corrected. The evidence of record confirms the applicant's separation orders, dated 12 March 2007, erroneously listed an effective date of separation of 16 March 2006, and that these orders were properly amended on 16 March 2007, to...
ARMY | BCMR | CY2005 | 20050017325C070206
James R. Hastie | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, that the entries at item 12 (Record of Service) on his 6 January 1984 DD Form 214 (Certificate of Release or Discharge from Active Duty) be completed. The applicant states that the DD Form 214 does not reflect his period of active duty from 28 March 1980 through 11 February 1983.
ARMY | BCMR | CY2012 | 20120011584
The applicant provides: * DD Form 214 * DA Form 2-1 (Personnel Qualification Record - Part II) * DD Form 363A (Certificate of Retirement) * DA Form 3713 (Data for Retired Pay) * National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) * Orders D9-25 * a letter, dated 13 January 1984 CONSIDERATION OF EVIDENCE: 1. The evidence of record confirms the applicant entered active duty for training on 4 June 1978 and he completed his training on 14 September 1978. Since he...
ARMY | BCMR | CY2008 | 20080010351
There is no evidence of record to show that the applicant ever petitioned the Army Discharge Review Board (ADRB) for an upgrade of his discharge within the ADRB's 15-year statute of limitations. Army Regulation 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. Chapter 2 of the separation documents regulation contains item-by-item instructions for...