PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           8 November 2001
	DOCKET NUMBER:   AR2001057437

	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. Carl W. S. Chun		Director	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Ms. Karen Y. Fletcher		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, in effect, that his Certificate of Release or Discharge From Active Duty (DD Form 214) be corrected to show he completed his 2-year service obligation.

3.  The applicant states, in effect, that his DD Form 214 shows 1 year, 
11 months, and 24 days of active service.  He states that he completed his service obligation as shown in item 28 (Narrative Reason for Separation) of his DD Form 214.  Also, he has encountered problems with his veterans eligibility.  In support of his application he submits a copy of his DD Form 214 and a letter from the Department of Veterans Affairs (VA).

4.  The applicant’s military records show that he enlisted in the Army on 
24 July 1984 for the 2-year enlistment option.  He was awarded military occupational specialty (MOS) 16S (Manpads Crewman).  His highest pay grade attained was E-3.

5.  The applicant was serving in Germany at the time of his expiration term of service (ETS).  His separation orders reassigned him to the Fort Dix, New Jersey separation transfer point with a separation date of 23 July 1986, on which he would have completed the full 2 years of his enlistment contract.  He arrived at the separation transfer point early and was honorably released from active duty on 17 July 1986, for his normal ETS, after completing 1 year, 11 months and 
24 days of creditable active service.

6.  The letter dated 16 April 1991, from the VA provided by the applicant indicated he did not meet the minimum active duty requirements to receive VA medical care.

CONCLUSIONS:

1.  The applicant departed Germany to be separated effective 23 July 1986, the date he would have completed his full 2-year enlistment contract.  He departed Germany early and separated on 17July 1986, at which time he had completed 1 year, 11 months and 24 days of creditable active service.

2. The applicant was honorably released from active duty before completion of his term of service.  The applicant’s 6-day early release was for the convenience of the government and not intended to deprive him of any benefits or entitlements due him as a result of his honorable service.  This unjustly prevents the applicant from receiving VA medical care.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by:

	a.  voiding the 17 July 1986 separation date of the individual concerned;

	b.  placing him on excess leave without pay from 17 through 
23 July 1986; and

	c.  issuing him a corrected separation document with a new separation date of 23 July 1986 and showing that he completed a total of 2 years, 0 months, and 0 days of net active service this period.

BOARD VOTE:  

__FNE __  __BJE__  __KYF __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

	___Fred N. Eichorn  __
		    CHAIRPERSON

INDEX

CASE ID	AR2001057437	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/11/08	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.