IN THE CASE OF:	 

		BOARD DATE:	  2 February 2010

		DOCKET NUMBER:  AR20090012982 


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 Item 12c (Net Active Service This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 13 December 1991 be corrected to show he completed 05 06 11 (5 years, 6 months, and 11 days) of net active service this period instead of 04 06 11 (4 years, 6 months, and 11 days).  He also requests payment of any money due under the "Voluntary Early Termination Program" (presumed to be the Special Separation Benefit [SSB] incentive).

2.  The applicant states, in effect, the error in item 12c of his DD Form 214 caused him to be ineligible for the SSB incentive.

3.  The applicant provides, in support of his application, copies of his 
DD Form 214 and an undated letter from the U.S. Army Chemical and Military Police Centers, Fort McClellan, AL.

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.  After having had prior service in the U. S. Army Reserve during which he completed 7 months and 29 days of active service and 1 year, 7 months, and    29 days of inactive service, the applicant enlisted in the Regular Army on 3 June 1986.  On 4 January 1989, he reenlisted for a period of 3 years.

3.  On 13 December 1991, the applicant was discharged by reason of expiration term of service and the Holiday Early Transition Program.  During that enlistment he had completed 5 years, 6 months, and 11 days of active service that was characterized as honorable.  He had no time lost.  

4.  Item 12a (Date Entered Active Duty This Period) of the applicant's DD Form 214 contains the entry 86 06 03 (1986 June 03) and Item 12b (Separation Date This Period) contains the entry 91 12 13 (1991 December 13).  Item 12c of his 
DD Form 214 contains the entry 04 06 11.	

5.  U.S. Army Chemical and Military Police Centers Fort McClellan, AL Orders 317-216, dated 13 November 1991, assigned the applicant to the Transition Point at Fort McClellan to report 1 December 1991.   Additional instructions in these orders show the applicant was authorized 12 days transition leave.

6.  On 14 December 1991, the applicant enlisted in the Alabama Army National Guard (ALARNG) for a period of 1 year.  He was discharged from the ALARNG and transferred to the U.S. Army Reserve Control Group, St. Louis, MO, on 
8 February 1992 due to an incompatible occupation.  On 14 September 1993, he was honorably discharged from the Ready Reserve.

7.  An undated letter from the U.S. Army Chemical and Military Police Centers Fort McClellan, addressed to the Army Personnel Center, St Louis, MO, requested that a DD Form 215 (Correction to DD Form 214) be issued to correct item 12c of the applicant's DD Form 214 to show "05 06 11."  However, there is no evidence a DD Form 215 was ever issued.

8.  Headquarters, Department of the Army (HQDA) message, date time group 202100Z, December 1991, announced two voluntary incentive programs available to Soldiers who were fully qualified for retention but were voluntarily separated.  The SSB was one of these incentives.  Soldiers who applied for the SSB were required to enter into a written agreement to serve in the Ready Reserve for a period of not less than 3 years, in addition to any remaining military service obligation based on statue, following the separation from active duty.  To be eligible an individual must have served in an active duty status more than 
6 years before 5 December 1991, but less than 20 years at time of separation and must have served at least 5 years of continuous active duty immediately preceding the date of separation.  HQDA stated that the SSB incentive program was effective 1 January 1992 and would not be retroactive to Soldiers who separated prior to that date.

9.  Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214.  The regulation provided, in pertinent part, that the beginning date of the continuous period of active duty for which the DD Form 214 was being issued would be entered in Item 12a of the 
DD Form 214.  This regulation also provided that the date of separation would be entered in Item 12b and that the net service for the period shown would be computed by subtracting Item 12a from Item 12b and then by deducting any lost time and non-creditable service after the date of discharge. 

10.  Department of Defense Financial Management Regulation 7000.14-R provides, in pertinent part, that when computing a period of service each month is considered to have 30 days regardless of the actual number of days in the month.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the net service on his DD Form 214 with a separation date of 13 December 1991 should be corrected.  He also contends that based on this correction he should be paid an SSB incentive.

2.  Subtracting Item 12a from Item 12b of the applicant's DD Form 214 clearly shows Item 12c is incorrect.  The applicant's net active service during the period covered by the DD Form 214 is 5 years, 6 months, and 11 days.  Therefore, it would be appropriate to correct Item 12c of the applicant's DD Form 214 with an effective date of 13 December 1991 to show he completed “05 06 11” of net active service this period.

3.  The SSB program was formally announced on 20 December 1991 and it was not effective until 1 January 1992.  This was the earliest date he could have signed an agreement for the SSB incentive.  The applicant was discharged on
13 December 1991.  The SSB incentive was not retroactive.  Therefore, based on his date of separation, the applicant was not eligible for the SSB incentive.



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
deleting the entry in Item 12c of the applicant's DD Form 214 with an effective date of 13 December 1991 and adding “05 06 11."

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 payment of an SSB incentive. 




      _______ _  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)                                         AR20090012982



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ABCMR Record of Proceedings (cont)                                         AR20090012982



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