IN THE CASE OF:	  

		BOARD DATE:	        3 September 2009

		DOCKET NUMBER:  AR20090005358 


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, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 14 May 1993 be corrected to show he participated in Operation Just Cause and that he now has a 30 percent disability rating from the Department of Veterans Affairs (VA).  He also requests his date of entry into the Army be verified.

2.  The applicant states he was told that his DD Form 214 should say he is VRA (Veterans Recruitment Appointments) eligible.  He states he has been unable to get employment with the Federal government since he was discharged in 1994.  

3.  The applicant provides, in support of his application, copies of his 
DD Form 214; his discharge orders from the U.S. Army Reserve (USAR); his discharge certificate from the USAR; and a letter from the VA.

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 military personnel records show he enlisted in the USAR Delayed Entry/Enlistment Program (DEP) on 16 February 1990.  On 17 April 1990 he enlisted in the Regular Army for a period of 3 years and 14 weeks.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty of 11B (Infantryman).

3.  On 7 August 1990, the applicant was assigned to Headquarters and Headquarters Company, 3rd Battalion, 17th Infantry at Fort Ord, CA.

4.  On 14 May 1993, the applicant was released from active duty.  He had completed 3 years and 28 days of active service that was characterized as honorable.  Item 12a (Date Entered AD [active duty] This Period) of his 
DD Form 214 contains the entry 90 04 17 (1990 April 17).

5.  On 22 April 1998, the applicant received an honorable discharge from the USAR.

6.  The letter, dated 26 February 2009, from the VA states the applicant is entitled to compensation for service-connected disability(ies) rated at 30 percent or more.  The letter does not indicate the effective date of his disability rating.

7.  The VRA is a special authority by which agencies can appoint an eligible veteran without competition. The VRA is an excepted appointment to a position that is otherwise in the competitive service.  After 2 years of satisfactory service, the veteran is converted to a career-conditional appointment in the competitive service. (Note, however, that a veteran may be given a noncompetitive temporary or term appointment based on VRA eligibility.  These appointments do not lead to career jobs.) 

8.  Army Regulation 635-5 (Separation Documents), then in effect, governed the preparation of the DD Form 214.  There are no provisions in this regulation for an entry concerning  eligibility for VRA on the DD Form 214.

9.  Army Regulation 635-5, then in effect, stated, in pertinent part, that the date entered on active duty or date enlistment or reenlistment was accomplished would be entered in item 12a of the Soldier's DD Form 214.

10.  Table 2-3 of Army Regulation 600-8-22 (Military Awards) lists designated U.S. military operations and the dates of eligibility for award of the Armed Forces Expeditionary Medal.  Operation JUST CAUSE in Panama is among the designated military operations for this award and the dates of eligibility are from 20 December 1989 to 31 January 1990.

DISCUSSION AND CONCLUSIONS:

1.  The applicant entered the DEP on 16 February 1990 and enlisted in the Regular Army on 17 April 1990.  The dates for Operation Just Cause were from 20 December 1989 to 31 January 1990.  Therefore, there is insufficient evidence to show the applicant participated in Operation Just Cause.

2.  The date entered in item 12a of the applicant's DD Form 214 is 17 April 1990.  The date of the applicant's enlistment in the Regular Army was 17 April 1990.  Therefore, the entry in item 12a of his DD Form 214 is correct.

3.  There are no provisions in Army regulations for making an entry on a Soldier's DD Form 214 concerning VRA eligibility.  

4.  The exact date the applicant received a 30 percent or more disability rating from the VA is unknown.  However, this rating would have been given by the VA subsequent to his release from active duty.  The DD Form 214 is a record of service during the period indicated on the DD Form 214.  Events that occur subsequent to his date of release from active duty are not entered on the 
DD Form 214.

5.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, 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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X______  __X____  __X____  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.





      _______ _ 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)                                         AR20090005358





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ABCMR Record of Proceedings (cont)                                         AR20090005358



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