BOARD DATE: 15 April 2010
DOCKET NUMBER: AR20090015861
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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show that he completed 2 years of active duty service by changing the date of his release.
2. The applicant states that the Department of Veterans Affairs (VA) denied him benefits because he had not served on active duty for a period of 2 years. He wants his date of release changed from 25 October 1984 to 28 October 1984.
3. The applicant provides a copy of his DD Form 214.
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. On 29 October 1982, the applicant enlisted in the Regular Army for 2 years. He completed his initial training and was assigned to Germany for duty as a unit armorer.
3. On 18 September 1984, the applicant returned to the United States.
4. The applicant was honorably released from active duty on 25 October 1984. The narrative reason was completion of his term of service. He had attained the rank/grade of specialist four (SP4)/E-4, and had completed 1 year, 11 months, and 27 days of active duty service.
5. Army Regulation 635-5 (Separation Documents) effective in 1979, provided detailed instructions for completing separation documents, including the DD Form 214. It provided a summary of a Soldier's most recent period of continuous active duty. This regulation was revised in September 2000 to require a statement in Item 18 (Remarks) to indicate that the Soldier had or had not completed his first full term of service.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show that he completed his 2 years of active duty service.
2. The evidence of record clearly shows that the applicant enlisted for a period of 2 years, performed his duty honorably, and was released from active duty on
25 October 1984, a few days prior to the expiration of his term of service. The narrative reason on his DD Form 214 indicates that he had completed his active duty obligation.
3. The governing regulation at the time did not recognize Soldiers who were released early as having completed their full term of service. This was corrected in a subsequent version of the regulation by adding a mandatory statement indicating the Soldier had or had not completed his first full term of service.
4. It would not be appropriate to add active duty service to the applicant's DD Form 214 that he did not serve. Therefore, his date of release should not be changed. However, as a matter of equity, Item 18 of the applicant's DD Form 214 should be corrected to add the now mandatory statement showing that he had completed his first full term of service.
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 adding to Item 18 of his DD Form 214 the entry "Soldier has completed 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 changing the date of his release from active duty.
___________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.
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