BOARD DATE:	  1 November 2012

		DOCKET NUMBER:  AR20120007371 


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 item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was granted an early release from active duty at the convenience of the government.

2.  The applicant states:

* his DD Form 214 shows he entered active duty on 30 November 1983; he separated on 18 November 1985; and he completed 1 year, 11 months, and 19 days
* he enlisted for a 2-year period
* officials at the Department of Veterans Affairs (VA) question why he completed 1 year, 11 months, and 19 days rather than 2 years
* item 18 should be updated to indicate he was granted early release
* this correction would verify he completed all required service and would explain his early release

3.  The applicant provides:

* reassignment orders, dated 11 September 1985
* discharge orders, dated 18 November 1985
* 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 enlisted in the Regular Army on 30 November 1983 for a period of 2 years.  Orders 254-42 issued by the U.S. Army Regional Personnel Center, Wuerzburg, Germany, dated 11 September 1985, reassigned him to the U.S. Army Separation Transition Point, Fort Jackson, SC, for the purpose of separation processing with a reporting date of 27 November 1985 followed by assignment to the USAR Control Group (Reinforcement) to complete his remaining Reserve obligation.  The orders further state that his date of relief from active duty (REFRAD) unless changed or rescinded was 29 November 1985.  However, a 1st endorsement issued by the U.S. Army Transition Point, Fort Jackson, dated 18 November 1985, changed his effective date of REFRAD to 18 November 1985.

3.  Item 12c (Net Active Service This Period) of his DD Form 214 shows he completed 1 year, 11 months, and 19 days of creditable active service.

4.  There is no evidence that shows he effectively completed 2 years of creditable active service in the Regular Army.

5.  Army Regulation 635-10 (Processing Personnel for Separation), paragraph 
3-5 (Time Limits for Completion of Final Transition Processing), provides that overseas returnees will be separated on the first workday after arrival at the Separation Transfer Point, when possible.  All other Soldiers will be separated on their scheduled transition date, except those who elect to separate on the last workday before a weekend or holiday.

6.  The VA booklet, "Federal Benefits for Veterans and Dependents," 2008 edition, provides the basic eligibility requirements for VA Health Care.  It provides that veterans who enlisted after 7 September 1980 or who entered active duty after 16 October 1981 must have served 24 continuous months or the full period for which they were called to active duty in order to be eligible.  This minimum duty requirement may not apply to veterans discharged for hardship, early out, or a disability incurred or aggravated in the line of duty.

7.  In the processing of a previous case with the same issue, a staff member contacted officials at the VA Health Eligibility Career Center in Atlanta, GA, in an attempt to ascertain what the appropriate action would be for the Board to direct in cases such as the applicant's that would allow all such veterans to go to any VA field operating agency and receive the benefits to which they would be entitled.  Officials at the VA opined that if a statement to the effect that an individual had been separated at the convenience of the government and that he or she had fulfilled his or her first full term of enlistment was entered in the remarks section of the DD Form 214, it would be acceptable in any VA office and would serve as a waiver of the 24-month requirement.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant enlisted for a period of 2 years on 30 November 1983.  While the evidence of record clearly shows he only completed 1 year, 11 months, and 19 days of total active service, which was 11 days short of his 24-month contract, the evidence of record also shows this early separation occurred only for the convenience of the government.

2.  It also appears he was serving overseas at the time he was returned to the United States for separation processing and because his scheduled separation date was supposed to be on 29 November 1985, he should have been discharged on that date.  However, he was returned to the United States on 18 November 1985 and he was released from active duty on that same day.

3.  As a result of this premature separation and through no fault of his own, he is being unduly disadvantaged in that he is being denied VA benefits that he may otherwise be entitled to.

4.  There is insufficient evidence in which to correct his DD Form 214 to show he completed 2 years of creditable active service.  However, it would be in the interest of justice at this time to correct item 18 of his DD Form 214 to show the entry, "The individual was separated at the convenience of the government and has fulfilled his first full term of active service."



BOARD VOTE:

___x_____  _x_______  __x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 18 of his DD Form 214 to show the entry, "The individual was separated at the convenience of the government and has fulfilled his first full term of active service."



      _________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)                                         AR20120007371



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120007371



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1