IN THE CASE OF: BOARD DATE: 25 February 2016 DOCKET NUMBER: AR20150007484 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 item 12b (Separation Date This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show 22 July 2001. 2. The applicant states: a. His current separation date leaves him short of the 180-day requirement for veterans' preference points when applying for Federal jobs. This was recently brought to his attention when applying for a Federal position. b. He contacted the Department of Veterans Affairs to discuss his situation. He was approved for an early release to attend college due to the starting date of his first semester which caused his separation date to be approximately a month shy of the Office of Personnel Management entitlement to veterans' preference points. c. The Department of Veterans Affairs agreed that he should not be penalized for attending college and he should receive the veterans' preference points. The only way the Office of Personnel Management will allow him the veterans' preference points is if his separation date is changed on his DD Form 214. 3. The applicant provides a copy of 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 Regular Army on 22 July 1998 for a period of 3 years. 3. Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, Orders 011-0024, dated 11 January 2001, released him from active duty effective 29 May 2001. 4. On 29 May 2001, he was honorably released from active duty to attend civilian school. 5. Item 12b of his DD Form 214 shows the effective date of his separation from active duty as 29 May 2001. He completed a total of 2 years, 10 months, and 8 days of active service during this period. 6. There is no evidence of record showing he performed any active duty service after 29 May 2001. 7. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. The DD Form 214 is of vital importance to the separating Soldier and must be properly prepared according to prescribed guidance. The instructions for completing the DD Form 214 stated item 12b is the Soldier's transition date. This date may not be the contractual date if the Soldier is separated early, voluntarily extends, is extended for makeup of lost time, or is retained on active duty for the convenience of the government. DISCUSSION AND CONCLUSIONS: 1. The applicant wants his separation date changed from 29 May 2001 to 22 July 2001 on his DD Form 214 to qualify for veterans' hiring preference. However, there is no evidence of record and he provided no evidence showing he performed any active duty service after 29 May 2001. 2. His separation orders show he was released from active duty on 29 May 2001 which is properly reflected in item 12b of his DD Form 214. There is no basis for amending item 12b of his DD Form 214 to show service he did not perform. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X___ ____X___ ____X___ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ____________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) AR20150007484 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150007484 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1