PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           25 April 2002                   
	DOCKET NUMBER:   AR2002068209

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Joann Langston		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. Charles Gainor		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 full        2-year service obligation.  

3.  The applicant states that the Department of Veterans Affairs (VA) denied him medical benefits because he did not complete 24 months of active duty.  He was shipped from Germany to outprocess at Fort Dix, NJ so he guesses he was released early because that was just how it worked out.  He had no intentions of leaving before his agreed-upon term of service.  His early release was due to no fault of his.

2.  The applicant’s military records show he enlisted in the Regular Army on      17 May 1983 for 2 years.  He was serving in Germany at the time of his expiration term of service.  The orders assigning him to the transfer point at Fort Dix, NJ are not available.  He was honorably released from active duty on 9 May 1985, upon completing his term of service, after completing 1 year, 11 months, and 23 days of creditable active service with no time lost.

3.  On 7 January 2002, the VA informed the applicant that he was not eligible for VA medical care as he did not serve at least 24 months on active duty and he did not have any compensable service-connected disabilities.

4.  Paragraph 030106 of the Department of Defense Financial Management Regulation states that members on excess leave are not entitled to pay and allowances.

CONCLUSIONS

1.  The applicant enlisted for 2 years and completed his required active service.  However, it appears that due to circumstances beyond the applicant’s control (most likely due to port call considerations), he departed Germany early and separated on 9 May 1985 at which time he had completed 1 year, 11 months, and 23 days of creditable active service.  This unjustly prevents the applicant from receiving certain VA benefits.

2.  It would be equitable to now show the applicant was placed on 7 days excess leave, was separated on 16 May 1985, and to amend his DD Form 214 to show he separated on 16 May 1985 after completing 2 years of creditable active service.  This correction is only for the purpose of entitling the applicant to certain VA benefits and does not entitle him to any additional pay and allowances.

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.  showing the applicant was placed on 7 days excess leave from 10 through 16 May 1985; and

     b.  issuing to the applicant a Correction to DD Form 214, Certificate of Release or Discharge from Active Duty, DD Form 215, showing he was on excess leave from 10 through 16 May 1985 and correcting blocks 12b and 12c of his DD Form 214 to show he separated on 16 May 1985 and that he completed  2 years, 0 months, and 0 days of net active service.

BOARD VOTE:  

__jl____  __gdp___  __cg____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Joann Langston
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2002068209	
SUFFIX		
RECON		
DATE BOARDED	20020425	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	110.01	
2.		
3.		
4.		
5.		
6.