BOARD DATE: 26 June 2014
DOCKET NUMBER: AR20130019476
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was released from active duty upon completion of his expiration term of service (ETS) on 24 February 1990.
2. The applicant states he enlisted for two years; however, he was released early because of the limited availability of return air travel from Germany.
3. The applicant provides no additional information.
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. He enlisted in the Regular Army on 25 February 1988 for a period of 2 years and later assigned to Headquarters and Headquarter Battery, 2nd Battalion, 20th Field Artillery, Germany. His record contains:
* military orders releasing him from active duty on his ETS date,
24 February 1990 (Saturday)
* endorsements to those military orders which changed his effective date of release from active duty to 21 February 1990
3. His DD Form 214 shows he was released from active duty on 21 February 1990 under the provisions of paragraph 4, Army Regulation 635-200 (Personnel Separations-Enlisted Personnel) by reason of "EXPIRATION TERM OF SERVICE" and he was transferred to a U.S. Army Reserve unit. He completed a total of 1 year, 11 months, and 27 days of creditable active service.
4. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states to use the remarks section for entries required by HQDA for which a separate item is not available on the form and for completing entries that are too long for their blocks.
5. Army Regulation 635-200 states that a Soldier enlisted or ordered to active duty normally will be discharged or released from active duty on the date he or she completes the period for which enlisted. However, a Soldier whose term of service expires or who otherwise becomes eligible for separation on a Saturday, Sunday, or legal holiday may consent to be released from active duty and be transferred to the USAR on the last working day before the normal date of discharge or release, if otherwise appropriate.
6. In addition, it was common practice to separate a Soldier assigned to an overseas location earlier than his ETS date based on the availability of return transportation.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was released from active duty on 21 February 1990, 3 days prior to his established ETS date of 24 February 1990. It can be presumed that because his original ETS date fell on a Saturday his separation date was adjusted to the last work day of the week in accordance with applicable regulatory guidance. Further, it is common practice in overseas locations to adjust a Soldier's separation date based on the availability of return transportation. Given these provisions it appears his separation date is correctly shown on his DD Form 214. Therefore, there is no reason to change his separation date.
2. However, as a matter of equity, it would be appropriate to correct his DD Form 214 to show he completed his first full term of service.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X_____ __X______ __X__ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding in item 18 of his DD Form 214 the entry "SOLDIER SEPARATED AT THE CONVENIENCE OF THE GOVERNMENT. SOLDIER HAS COMPLETED FIRST FULL TERM OF SERVICE FOR THE PURPOSE OF POST SERVICE BENEFITS AND ENTITLEMENTS."
2. The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correct the date he was released from active duty to show 24 February 1990.
_______ _ 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) AR20130019476
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