IN THE CASE OF: BOARD DATE: 25 February 2016 DOCKET NUMBER: AR20150007986 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 reflect his separation date as 26 January 1987. 2. The applicant states: * he was on transitional leave when his DD Form 214 was issued * his expiration term of service (ETS) date was 26 January 1987 * his enlistment contract specifically states his service in the Regular Component of the Army was not to be less than 2 years * he requests expeditious processing of his request as correction of his records is needed for him to receive benefits from the Department of Veterans Affairs 3. The applicant provides page 1 of his DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States). 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 under the Delayed Entry Program on 9 October 1984. His service obligation totaled 8 years, 2 of which were to be served in the Regular Component of the Army. 3. On 24 January 1985, he was discharged from the U.S. Army Reserve for immediate enlistment in the Regular Army. He enlisted in the Regular Army on 25 January 1985 for a period of 2 years. 4. After completion of initial entry training, he was assigned to the 556th Military Police Company in Germany on 12 June 1985. 5. 261st Personnel Service Company, 38th Personnel and Administration Battalion, Orders 250-58, dated 7 November 1986, assigned him to the U.S. Army Separation Transfer Point, Fort Dix, NJ, for the purpose of separation processing. His reporting date to the separation transfer point is shown as 31 December 1986. His anticipated date of relief from active duty unless changed or rescinded is shown as 25 January 1987. 6. A DA Form 31 (Request and Authority for Leave) in his records shows: * he requested 3 days of leave from 29 December 1986 through 31 December 1986 on 19 November 1986 in conjunction with his ETS * he had accrued 23 days of leave * he departed Germany en route to Fort Dix, NJ, on 29 December 1986 7. On 30 December 1986, his DA Form 31 was amended after his arrival at the separation transfer point to reflect: * he requested 23 days of transition leave from 30 December 1986 through 22 January 1987 * he was informed and understood that his ETS date was adjusted from 24 January 1987 to 22 January 1987 to prevent excess leave of 2 days 8. His records contain a DA Form 2496 (Disposition Form), undated, subject: Terminal Leave Check List, which shows his ETS date was adjusted and indicates transmittal of this information to the separation division, presumably for review and approval. 9. Headquarters, U.S. Army Training Center and Fort Dix, Orders 014-244, dated 14 January 1987, released him from active duty effective 22 January 1987. Additionally, a letter addressed to the applicant and signed by the Assistant Adjutant General, U.S. Army Training Center and Fort Dix, dated 22 January 1987, informed him of his separation and provided him with a copy of his separation documents. 10. His DD Form 214 shows he was honorably released from active duty due to his ETS. It shows he entered active duty on 25 January 1985 and his separation date for this period was 22 January 1987. He was credited with 1 year, 11 months, and 28 days of net active service. On 18 December 1987, he was issued a DD Form 215 (Correction to DD Form 214) amending his rank and pay grade as well as his effective date of pay grade. 11. Army Regulation 600-8-10 (Leaves and Passes) prescribes the policies, operating tasks, and steps governing military personnel absences. It states transition leave (formerly called terminal leave) is chargeable leave granted together with transition from the service, including retirement. Leave will not be granted if it exceeds that accrued or to be accrued between the date of approval and date of transition. 12. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents. It stated the date of the first day of the last immediate reenlistment for which a DD Form 214 was not issued would be entered in item 12a (Date Entered Active Duty This Period). DISCUSSION AND CONCLUSIONS: 1. The applicant's request for correction of his DD Form 214 to reflect his separation date as 26 January 1987 instead of 22 January 1987 was carefully considered. 2. The evidence of record shows the applicant entered active duty on 25 January 1985 and was released from active duty on 22 January 1987, which are accurately reflected on his DD Form 214. 3. It appears the applicant did not correctly tabulate his requested transition leave dates to account for his actual accrued leave on his initial DA Form 31, dated 19 November 1986. He had 23 days of accrued leave he intended to use between 29 December 1986 and his ETS date of 25 January 1987. Unfortunately, the duration between those two dates actually amounted to 27 days, not 23 days as requested. 4. The error was apparently recognized at the transition point and his request for leave was appropriately adjusted to account for his actual days of accrued leave. He was charged with transition leave from 30 December 1986 through 22 January 1987, amounting to 23 days. 5. His records indicate he was informed of the change to his ETS date and understood it was being adjusted to 22 January 1987 to prevent excess leave. The Assistant Adjutant General, U.S. Army Training Center and Fort Dix, approved the change and directed the issuance of orders relieving the applicant from active duty effective 22 January 1987. 6. The evidence of record shows the change to his date of separation was not an administrative error, but rather deliberate and appropriately reflective of his actual date of release from active duty resulting from a miscalculation of accrued leave days. 7. The ABCMR does not amend military records solely for the purpose of making an applicant eligible for veterans' benefits. Each application is carefully considered based on the evidence presented. 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) AR20150007986 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150007986 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1