IN THE CASE OF: BOARD DATE: 12 January 2016 DOCKET NUMBER: AR20150003407 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 his narrative reason for separation as "Reduction in Force" instead of "Miscellaneous Reasons (By Request)." 2. The applicant states: a. He is being denied benefits by Department of Veterans Affairs (VA) due to his narrative reason for separation. The Army was seeking volunteers under the fiscal year (FY) 1991 Lieutenant Retention Board – Volunteer Early Separation Program. He qualified and volunteered for the program, he did not request separation. His DD form 214 was completed by someone with no knowledge of the program. b. He had never applied for any VA benefits. He discovered the error on his DD Form 214 when he applied for applied for a home loan Certificate of Eligibility. He was shocked when his request was denied. He had served the required amount of time in order to qualify for the home loan Certificate of Eligibility. 3. The applicant provides a self-authored statement and 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 applicant's 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 applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant enlisted in the U.S. Army Reserve (USAR) on 22 May 1984. 3. He was appointed as a Reserve commissioned officer on 23 May 1987 in the rank of second lieutenant. He executed an oath of office on the same day. 4. He entered active duty on 7 January 1990. 5. Orders 230-15, issued by Headquarters U.S. Army South, dated 3 October 1991, show he was being released from active duty (REFRAD) effective 15 November 1991. In the additional instructions (h) it states he was released under provisions of FY 91 Lieutenant Retention Board. (Personnel Command Message 214209Z September 1991). The referenced message is not available for review this case. This order shows Separation Program Designator (SPN) Code "FND" (Miscellaneous/General Reasons). 6. On 15 November 1991, he was honorably released from active duty and transferred to the USAR Control Group (Reinforcement). His DD Form 214 shows he was released under the provisions of Army Regulation 635-100 (Personnel Separations – Officer Personnel), chapter 3, section XVI with the narrative reason for separation listed as "Miscellaneous Reasons (By Request)." He was credited with completing 1 year, 10 months, and 9 days of net active service this period. 7. Item 18 (Remarks) of his DD form 214 states "Separation under FY 91 Lieutenant – Retention Board." 8. The complete facts and circumstances surrounding his release from active duty are not available for review with this case and there is no indication that he voluntarily requested REFRAD. 9. Army Regulation 635-100 provides the authority for the separation of commissioned and warrant officers from the Active Army. Chapter 3, section XVI, of this regulation, in effect at the time, specifically provided for the voluntary release of Reserve commissioned officers in the grade of first lieutenant, captain or major upon request. 10. Army Regulation 635-100, Section XII, paragraph 3-49g, in effect at the time, states that a Department of the Army Active Duty Board will be convened to determine which officers will be released from active duty when budgetary or authorization limitations require a reduction of officer strength. Officers designated for release under this paragraph are not considered ineffective or substandard in duty performance. Their release is dictated by the needs of the Service. 11. Army Regulation 635-5-1 SPD Codes prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons. The regulation shows that the separation program designator "LCC" specifies the narrative reason for discharge as "Reduction in Authorized Strength" and that the authority for discharge under this separation program designator is "AR 635-100, Chapter 3, Paragraph 3-49g." DISCUSSION AND CONCLUSIONS: 1. The applicant was appointed as a Reserve commissioned officer in the rank of second lieutenant on 23 May 1987. 2. His DD Form 214 shows he was released under the provisions of Army Regulation 635-100, chapter 3, section XVI with the narrative reason for separation listed as "Miscellaneous Reasons (By Request)." 3. The complete facts and circumstances surrounding his release from active duty are not available for review with this case and there is no indication that the applicant voluntarily requested REFRAD. 4. His DD form 214 and his separation orders show he was REFRAD under provisions of FY 91 Lieutenant Retention Board 5. Based on the governing regulation, in effect at the time, it appears the applicant should have been separated from active duty under the provisions of Army Regulation 635-100, paragraph 3-49g, for Reduction in Authorized Strength. BOARD VOTE: ____X___ ____X___ ____X___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: That all of the Department of the Army records related to the individual concerned be corrected by issuing him a new DD Form 214, substantially the same as the DD Form 214 he now holds, with the following changes incorporated: a. amendment of item 25 (Separation Authority) of his DD Form 214 to show the entry "Army Regulation 635-100, paragraph 3-49g; " b. amendment of item 26 (Separation Code) of his DD Form 214 to show the entry "LCC" (Reduction in Authorized Strength); and c. amendment of item 28 (Narrative Reason for Separation) of his DD Form 214 to show the entry "Reduction in Authorized Strength. " _______ _ _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) AR20150003407 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150003407 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1