IN THE CASE OF:
BOARD DATE: 26 May 2011
DOCKET NUMBER: AR20100027030
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, additional credit for active service.
2. The applicant states he was not granted the regulatory number of days to claim his veterans benefits.
3. The applicant provides:
* two pages from the Federal Benefits for Veterans Dependents & Survivors Handbook
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
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. He was inducted into the Army of the United States on 24 February 1971. He did not complete basic combat training.
3. On 21 April 1971, he requested discharge for physical reasons which existed prior to his induction in the Army.
4. On 28 April 1971, he was discharged by reason of not meeting medical fitness standards at the time of induction. He completed 2 months and 5 days of active service that was characterized as honorable. He did not have any time lost. His DD Form 214 contained the following entries:
* item 10c (Date Inducted) - 24 February 1971
* item 11d (Effective Date) - 28 April 1971
* item 17c (Date of Entry) - NA
* item 22a(1) (Net Service This Period) - 0 2 5 (zero years, 2 months, and
5 days
5. There is no record in his Military Personnel Records Jacket (MPRJ) of him having any other active military service.
6. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214.
a. The date of induction was entered in item 10c or the date of enlistment was entered in item 17c (Date of Entry).
b. The date of separation was entered in item 11d.
c. Item 22a(1) - the net service was computed by subtracting item 10c or 17c from item 11d and then deducting any lost time and non-creditable service after the Soldier's expiration of term of service.
7. Department of Defense Financial Management Regulation 7000.14-R, Volume 7A, Chapter 1, paragraph 010104 states 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. When subtracting the beginning day of service from the ending date of service 1 day is added to account for inclusive date.
DISCUSSION AND CONCLUSIONS:
1. He was inducted on 24 February 1971 and discharged on 28 April 1971. His service is computed by subtracting his date of induction date from his discharge date.
1971 04 28
1971 02 24
2 4
+ 1 (inclusive date)
2 5 (2 months and 5 days)
Therefore, the net service shown on his DD Form 214 is correct.
2. The eligibility for veterans benefits is the responsibility of the Department of Veterans Affairs (VA). The ABCMR does not give service credit for time not served.
3. 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) AR20100027030
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ABCMR Record of Proceedings (cont) AR20100027030
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