RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           4 December 2003                  
	DOCKET NUMBER:   AR2003088638

	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. W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr, Allen L. Raub		Member	
	Mr. Kenneth W. Lapin’		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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show in item 12b that his separation date was 13 June 1999.

2.  The applicant states, in effect, that his separation orders show his release date as 13 June 1999.  He dates the discovery of the error or injustice as February 2003 when he applied for GI Bill benefits and discovered that he was 2 days short of qualifying for full benefits.

3.  The applicant provides a copy of his modified separation orders dated 20 May 1999 which specifically changed his release date from 11 June 1999 to 13 June 1999.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error which occurred on 13 June 1999, the date of the discharge.  The application submitted in this case is dated 10 March 2003.  

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant enlisted for 3 years for guaranteed training as a supply specialist and participation in the Montgomery GI Bill.  He entered active duty on 13 June 1996, completed training and served successfully.  His separation orders were modified on 20 May 1999 to change his release date from 11 to 13 June 1999 and he was released at the completion of his required service.

4.  The Montgomery GI Bill website lists the requirements for receipt of full benefits and states, in effect, that an individual in the applicant's category must have completed 3 full years of active duty service. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant had a contractual right to serve 3 full years and this is required for full Montgomery GI Bill benefits.

2.  Considering that his separation date was specifically changed shortly before his release from active duty, it is probable that the applicant actually served and was paid for the additional two days. 

3.  There is no available evidence to show that the applicant requested or agreed to early release from active duty.

4.  It is unjust that, under these circumstances, he be deprived of benefits that he contracted for and earned.

BOARD VOTE:

__WTM__  __ALR__  __KWL__  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

a.  showing in item 12b of his 214 that he was separated from active duty on 13 June 1999

b.  showing in item 12c of his 214 that he served 3 years, 0 months and 1 day; and

c.  paying him for the additional 2 days, if appropriate.

		_     Walter T. Morrison___
		        CHAIRPERSON

INDEX

CASE ID	AR2003088638	
SUFFIX		
RECON		
DATE BOARDED	20031204	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.