IN THE CASE OF:
BOARD DATE: 19 October 2010
DOCKET NUMBER: AR20100010185
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 that his record be corrected to show that he served two full years.
2. The applicant states that he will be deprived of Department of Veterans Affairs (VA) benefits because he did not serve two full years.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty.
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 enlisted for 2 years and was considered eligible for the Veterans Educational Assistance Program (VEAP). He entered active duty on 30 November 1983 and completed training as a telecommunications center operator.
3. He was stationed in Germany where he was granted waivers of the time in service and time in grade requirements and advanced to pay grade E-4 on 29 May 1985.
4. On 11 October 1985 he agreed to enter the USAR through the in-service affiliation program.
5. The applicant returned to the United States on 18 November 1985. He was released from active duty with an honorable characterization of service due to the expiration of his term of service. He had 1 year, 11 months, and 19 days of active duty service. The next day he was transferred to a USAR Troop Program Unit
6. Block 18 (Remarks) of the applicant's DD Form 214 states, in pertinent part, "SM has completed two years of service obligation for VEAP."
DISCUSSION AND CONCLUSIONS:
1. The applicant states that he will be deprived of VA benefits because he did not serve two full years.
2. The available evidence clearly shows the applicant severed 1 year, 11 months, and 19 days on active duty. Given that the reason for his separation was the expiration of his term of service, there is no indication that the applicant even had any input into the date of his release from active duty.
3. His DD Form 214 indicates that he was considered to have served 2 years for VEAP purposes.
4. Although VA benefits are not within the preview of this Board, it seems improbable that he would be penalized for the early separation from active duty that was not his fault; especially, when he was considered to have served 2 years for VA purposes at the time.
5. Nevertheless, there is no justification for changing the applicant's DD Form 214 to show that he served an additional 11 days of active duty.
6. In view of the foregoing there is no basis for granting the applicant's requested relief.
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) AR20100010185
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100010185
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