BOARD DATE: 9 May 2018 DOCKET NUMBER: AR20160011734 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____x____ __x_____ __x______ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 9 May 2018 DOCKET NUMBER: AR20160011734 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 18 of his DD Form 214 the statement “Soldier has completed first full term of service.” 2. The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to any relief in excess of that described above. _________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. BOARD DATE: 9 May 2018 DOCKET NUMBER: AR20160011734 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 he served 3 years on active duty. 2. The applicant states: a. He requests his DD Form 214 reflect 3 years of active duty. b. He separated from the Army on 15 July 1990 (sic) in Germany and didn't out-process in the United States. He was on terminal leave for 30-45 days. c. There is no record of his terminal leave in his personnel file he received from the National Archives. He is not being credited for all his consecutive active duty service. He completed his full contract obligation to include active Reserve time. d. He is not considered eligible for Department of Veterans Affairs benefits because he didn’t complete 3 years of active duty, when, in fact, he did complete his obligation. 3. The applicant provides: * DD Form 214 * Certification of Military Service * service personnel records 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's DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows he enlisted in the Regular Army on 19 August 1987 for a period of 3 years, establishing his expiration of term of service (ETS) date as 18 August 1990. 3. 520th Personnel Service Company Spangdahlem Composite Team, Orders 130-155, dated 20 June 1990, show his date of discharge as 1 July 1990 and show his ETS was changed to 1 July 1990. 4. On 1 July 1990, he was honorably released from active duty. His DD Form 214 shows in: * item 12a (Date Entered Active Duty This Period) – 19 August 1987 * item 12b (Separation Date This Period) – 1 July 1990 * item 12c (Net Active Service This Period) – 2 years, 10 months and 13 days * item 25 (Separation Authority) – Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 16-8 (Reduction in authorized strength) * item 28 (Narrative Reason for Separation) – Convenience of the Government 5. There is no evidence of record showing he performed any active duty service after 1 July 1990 or that he was placed on “terminal” leave (i.e., transition leave) prior to being released from active duty. REFERENCES: 1. Army Regulation 635-200, as then in effect, provided in paragraph 16-8 that Soldiers could be discharged or released from active duty prior to the expiration of their terms of service when budgetary or authorization limitation required a reduction in enlisted strength. The Secretary of the Army was to accomplish this by directing the Commanding General, U.S. Army Military Personnel Center (now the Human Resources Command), to issue separation instructions pertaining to an individual or to all Soldiers of a specified class of personnel. 2. Army Regulation 635-5 (Personnel Separations – 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 established standardized policy for the preparation of the DD Form 214. The instructions for item 12b stated to enter the effective date of separation. Later versions of Army Regulation 635-5 required an entry in item 18 (Remarks) stating whether Soldiers had or had not completed their first full term of service. DISCUSSION: 1. The applicant contends his his DD Form 214 should show he completed 3 years of active duty service. He also indicates his date of separation should be changed from 1 July 1990 to 15 July 1990. 2. There is no evidence of record showing he performed any active duty service after 1 July 1990. 3. The applicant’s separation for convenience of the government under provisions for force reduction effectively redefined his active duty commitment. His separation orders confirm that his ETS was changed to 1 July 1990. He did, in effect, complete his first full term of service. At the time, however, there was no requirement to verify that fact with an entry in item 18 of the DD Form 214. It appears the absence of this entry may have caused him problems when he applied for VA benefits. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160011734 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160011734 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2