BOARD DATE:	  22 April 2014

		DOCKET NUMBER:  AR20130013851 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he completed his term of service. 

2.  The applicant states:

* he believes he should be eligible for Department of Veterans Affairs (VA) benefits
* he served on active duty and he was promoted to E-4
* he enlisted for a 2-year term but accepted an early drop short of completing 2 years of active service
* he would like to apply for a home loan, but he is prevented from receiving this VA benefit because he did not complete the full 2 years
* he was never told that accepting an early drop meant loss of benefits and he was not concerned about this at the time

3.  The applicant provides no additional evidence.

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 U.S. Army Reserve under the Delayed Entry Program (DEP) for 8 years on 15 May 1986.  He was discharged from the DEP on 29 May 1985 and enlisted in the Regular Army for a 2-year term on 30 May 1986.

3.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 11B (Infantryman).  He was promoted to E-4 on 1 January 1988.

4.  He was honorably released from active duty on 25 March 1988 under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph 16-8, by reason of "Reduction in Authorized Strength, Fiscal Year 1988 Early Transition Program."

5.  Item 12c (Net Active Service This Period) of his DD Form 214 shows he completed 1 year, 9 months, and 26 days of creditable active service.  Item 18 (Remarks) does not show he completed his first term of service.

6.  Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's separation, established the standardized policy for preparing and distributing the DD Form 214.  Item 18 was used for entries required by Headquarters, Department of the Army, for which a separate item was not available on the form and for completing entries that were too long for their blocks.  This version did not address or mandate an entry for completion of the term of service.

7.  Army Regulation 635-8 (Separation Processing and Documents), currently in effect, mandates the entry "SOLDIER (HAS) (HAS NOT) COMPLETED FIRST FULL TERM OF SERVICE."  This information assists the State in determining eligibility for unemployment compensation entitlement.  To determine if an enlisted Soldier has completed the first full term of enlistment, refer to the enlistment/reenlistment documents and compare the term(s) of enlistment to the net service entered in item 12c of the DD Form 214.  If the Soldier has completed or exceeded the initial enlistment, enter "HAS."  If item 12c of the DD Form 214 is less than the Soldier's initial enlistment, enter "HAS NOT."

8.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program), then in effect, provided that under the provisions of Title 10, U.S. Code, section 651, each person who becomes a member of a U.S. Armed Force, either by enlistment, appointment, or induction, will serve in the U.S. Armed Forces for a total initial period of 8 years.  Any part of such service that is not active duty will be performed in a Reserve Component.  A person's statutory military service runs concurrent with a contractual military service obligation.

9.  Army Regulation 135-91 (Army National Guard and Army Reserve – Service Obligations, Methods of Fulfillment, Participation Requirements, and Enforcement Procedures) prescribes policies and procedures governing the various types of service obligations and participation requirements.  Paragraph 
3-7 provides that for the purpose of satisfying the active duty requirement of a statutory or contractual obligation, officers and enlisted Soldiers are credited with completing 2, 3, 4, or 5 years of active duty when they serve to within 90 days of the 2, 3, 4, or 5-year period.

10.  Title 10, U.S. Code, section 1171, provides for the early release of any regular enlisted member of an Armed Force within 3 months before the expiration of his or her term of service or extended enlistment.  This law states that discharge under section 1171 does not affect any right, privilege, or benefit that a member would have had if he or she had completed the enlistment or extended enlistment, except that the service member is not entitled to pay and allowances for the period not served.

11.  Executive Order Number 11498, dated 1 December 1969, provided that the Secretary of Defense was thereby designated and empowered to approve regulations issued by the Secretaries concerned under Title 10, U.S. Code, section 1171, which relate to the early discharge of Regular enlisted members of the Armed Forces effective 2 January 1968.

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted in the Regular Army for a 2-year term on 30 May 1986. 
He was honorably released from active duty on 25 March 1988.  He completed 1 year, 9 months, and 26 days of creditable active service.  He was 63 days short of completing his 2-year term.

2.  For the purpose of satisfying the active duty requirement of a statutory or contractual obligation, enlisted Soldiers are credited with completing 2, 3, 4, or 5 years of active duty when they serve to within 90 days of the 2, 3, 4, or 5-year period.  Since his separation occurred within 90 days of his contractual obligation, he appears to have completed his first full term of service and he should have his DD Form 214 corrected accordingly. 

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 adding the entry "SOLDIER SEPARATED AT THE CONVENIENCE OF THE GOVERNMENT AND HAS COMPLETED FIRST FULL TERM OF SERVICE" to item 18 of his DD Form 214.



      ___________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)                                         AR20130013851



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ABCMR Record of Proceedings (cont)                                         AR20130013851



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