PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           29 September 1999                   
	DOCKET NUMBER:   AR1999018366

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Ms. Meta Waller		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his separation date be changed to 5 October 1984.

3.  The applicant states that he is being denied veterans’ benefits because he was released 4 days prior to completing 24 months of service.  He was given incorrect information prior to his separation.

4.  The applicant’s military records show that he enlisted in the Regular Army for 2 years on 5 October 1982.  He was serving in Germany at the time of his expiration term of service (ETS).  Apparently, port call arrangements returning him stateside for separation caused the Transfer Point at Fort Dix, NJ to separate him effective 1 October 1984.  He had completed 1 year, 11 months and 27 days of creditable active service.

5.  The 1998 edition of the Department of Veterans Affairs booklet “Federal Benefits for Veterans and Dependents” states that Veterans’ Educational Assistance Program (VEAP) eligibility may be established if the participant enlisted for the first time on or after 8 September 1980 and completed 24 continuous months of active duty.

CONCLUSIONS:

1.  The Board concludes that due to circumstances beyond the applicant’s control, he departed Germany early and separated on 1 October 1984, at which time he had completed 1 year, 11 months and 27 days of creditable active service, 3 days short of completing 2 years of service.  (A separation of 5 October 1984 would have given the applicant 2 years and 1 days of service.)  This unjustly prevents the applicant from receiving certain VA benefits.

2.  In view of the foregoing, it would be in the interest of justice to correct the applicant’s records as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the applicant was released from active duty on 4 October 1984 after completing 2 years of creditable active service and that he be issued a DD Form 215 reflecting these changes.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__fne___  __tap___  __mw____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Fred N. Eichorn
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999018366	

SUFFIX		
RECON		
DATE BOARDED	19990929	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	110.01	
2.		
3.		
4.		
5.		
6.