IN THE CASE OF:
BOARD DATE: 16 October 2014
DOCKET NUMBER: AR20140004839
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 served his entire 24 months of contracted active duty service.
2. The applicant states he enlisted in the Regular Army for a 2-year commitment. However, he was honorably released from active duty (REFRAD) after completing only
1 year, 11 months, and 27 daysof net activ3 service thiw period. Because he served less than the full 24 months, he is being denied veteran medical benefits.
3. The applicant provides a copy of his 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 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. On 17 January 1985, the applicant enlisted in the Regular Army. He completed his initial training as a unit supply specialist.
3. In July 1985, the applicant was assigned as a general supply specialist in the Federal Republic of Germany (FRG).
4. On 12 January 1987, the applicant departed the FRG and returned to the United States. He had completed an 18-month tour of duty in the FRG.
5. On 13 January 1987, the applicant was honorably released from active duty (REFRAD). The applicants DD Form 214 shows he served on active duty for a period of 1 year, 11 months, and 27 days. He was REFRAD at the expiration of his term of service (ETS).
6. Army Regulation 635-5 (Separation Documents), as then in effect, provided detailed instructions for completing separation documents, including the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provided a brief, clear-cut record of active duty service at the time of REFRAD, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show he served his entire 2 years of contracted active duty service.
2. The evidence shows the applicant enlisted in the Regular Army for a 2-year commitment. He completed an 18-month tour of duty in the FRG and returned to the United States just a few days prior to his established normal ETS.
3. Because it was prudent to do so, the applicant was REFRAD for the convenience of the government rather than assigned to a new unit only to be REFRAD a few days later.
4. His DD Form 214 does not indicate that he completed his first full term of active duty service and is being denied veteran medical benefits. Accordingly, his DD Form 214 should be corrected to show he did complete his active duty obligation. However, it would not be appropriate to add 3 days to his record when he in actuality did not serve them.
5. Therefore, it would be appropriate to add a statement to the remarks block of his DD Form 214 indicating that he had completed his first full term of service and had been released for the convenience of the government.
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 to block 18 (remarks) of his DD Form 214 the statement, "The individual was separated at the convenience of the government and has fulfilled his first full term of service."
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 showing the applicant served any more days of active service than he actually did.
____________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) AR20110020205
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ABCMR Record of Proceedings (cont) AR20140004839
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