BOARD DATE:	  9 September 2010

		DOCKET NUMBER:  AR20100009313 


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 of his 7 February 1989 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he served 24 months of active duty.

2.  The applicant states his original enlistment in the Army was for 3 years, but he was discharged for a medical problem, overweight.  He explains he is currently experiencing medical problems and has numerous health issues.  He adds he will have arthritis for the rest of his life because of a pin in his knee.  The applicant states he is 1 month short of being eligible for Department of Veterans Affairs (VA) benefits which mean a lot to him and his family due to their current financial situation.  Therefore, he requests that the Board take into consideration his active duty service and honorable discharge and grant him an additional month of active duty service so he can qualify for VA benefits.

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 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 records show he enlisted in the Regular Army on 10 March 1987 for 3 years.

3.  The applicant's records show that on 1 April 1988 a local bar to reenlistment was imposed against him for failure to make progress in the unit overweight program.  The document shows the applicant was entered into the weight control program on 9 October 1987.  On 5 January 1989, the applicant requested immediate discharge under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph 16-5b, for his inability to overcome a locally-imposed bar to reenlistment.  In his statement, the applicant said he was barred from reenlistment because of his weight problem.  He offered that he talked to the battalion commander about it and asked him to "chapter [him] out" of the Army.  He stated, "I told him I just don't want to be here anymore.  I've made my mind up, I really want to be chapter [sic] out of the Army."

4.  The applicant's DD Form 214 shows he was honorably discharged on 7 February 1989 under the provisions of Army Regulation 635-200, paragraph 16-5b.  The narrative reason for separation is listed as a locally-imposed bar to reenlistment.

5.  Item 12 (Record of Service) of the applicant's DD Form 214 shows the following:

* 12a (Date Entered Active Duty This Period) – 10 March 1987
* 12b (Separation Date This Period) – 7 February 1989
* 12c (Net Active Service This Period) – 1 year, 10 months, and 27 days

6.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Army Service Ribbon and the Marksman Marksmanship Qualification Badge with Rifle and Hand Grenade Bars.

7.  Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214.  The regulation states the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  Item 12a requires the preparer to enter the beginning date of the continuous period of active duty for which a DD Form 214 was not previously issued.  Additionally, item 12c is the amount of service this period, computed by subtracting item 12a from item 12b.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant requested discharge prior to his expiration of term of service because he felt he could not overcome a locally-imposed bar to reenlistment.  He now requests that this Board take into consideration his active duty service and honorable discharge and grant him the additional active duty service needed to qualify for VA benefits.  It does not appear the applicant considered the consequences of his actions when he failed to make progress in the weight control program and subsequently requested discharge because he made up his mind and just wanted to be "chaptered" out of the Army.

2.  Nevertheless, there are no provisions in Army regulations that allow changing the date the applicant entered or separated from active duty to achieve a specific number of active duty service for the sole purpose of qualifying for veterans' benefits.  Therefore, the applicant's DD Form 214 is correct as constituted.

3.  In order to justify correction of a military record, the applicant must show or it must otherwise satisfactorily appear that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this 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)                                         AR20100009313



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)                                         AR201000