BOARD DATE: 4 January 2018 DOCKET NUMBER: AR20160003895 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: 4 January 2018 DOCKET NUMBER: AR20160003895 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 Block 18 of his DD Form 214 the entry "SOLDIER HAS COMPLETED FIRST FULL TERM OF SERVICE." 2. The Board further determined that the evidence presented is 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 correcting the entry in Block 12b of the applicant's DD Form 214. ____________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: 4 January 2018 DOCKET NUMBER: AR20160003895 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 block 12b (Separation Date this Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect a date that indicates his commitment to serve 2 years on active duty. 2. The applicant states he completed 2 years of service but is being denied burial rights because of being 8 days short of a full 2 years of service. He had 46 days of leave when released from active duty. 3. The applicant provides copies of: * DD Form 214 * Louisiana Department of Veterans Affairs (LADVA) denial letter 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. He served on active duty in the Regular Army from 29 March 1984 through 21 March 1986. 3. His DD Form 214 shows: * in Block 12b, the entry 21 March 1986 * service on active duty for 1 year, 11 months, and 23 days * transfer to the U.S. Army Reserve Control Group (Annual Training) * at the time of his release from active duty he was paid for 46 days of accrued leave * he completed 2 years of obligated service for the Veterans Educational Assistance Program (VEAP) * no entry confirming he had completed his first full term of service * the reason for his release from active duty was the expiration of his term of service 4. On 26 January 2016, the LADVA stated: After a thorough review of your application based on the documents that were submitted to the Southeast Louisiana Veterans Cemetery, I am regrettably unable to approve your request for interment. Reservists and National Guard members who, at time of death, were entitled to retired pay under Chapter 1223, Title 10, United States Code or would have been entitled but for being under the age of 60 are eligible for burial in a VA Cemetery. In addition any Reservist who was called to active duty other than for training purposes and served that full period of active duty is also eligible for interment. REFERENCES: 1. Army Regulation 635-5 (Separation Documents), then in effect, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214 and states: a. For block 12a (Date Entered Active Duty This Period), data sources are enlistment contract(s), initial order to active duty, active duty order, previously issued DD Forms 214, DA Form 1506 (Statement of Service – For Computation of Length of Service for Pay Purposes), and a complete review of the Soldier’s official record. Enter the beginning date of the continuous period of active duty for issuance of this DD Form 214, for which a DD Form 214 was not previously issued. Do not depend on basic active service date for this data item. The basic active service date can be an adjusted date. b. In Block 12b (Separation Date This Period), enter the Soldier’s transition date. This date may not be the contractual date if the Soldier was separated early, voluntarily extends, is extended to make up lost time, or is retained on active duty for the convenience of the Government. c. In Block 12c (Net Active Service This Period), record the amount of service this period, computed by subtracting block 12a from 12b. Lost time under 10 USC 972 and noncreditable time after ETS, if any, are deducted. Lost time will be listed in block 29; other noncreditable time will be identified in block 18. 2. Later versions of Army Regulation 635-5 required the following entry in block 18 (Remarks): “SOLDIER (HAS) (HAS NOT) COMPLETED FIRST FULL TERM OF SERVICE.” DISCUSSION: 1. The applicant's period of active duty is correctly recorded on his DD Form 214. There is no evidence of an error in Block 12b. 2. The evidence further shows he completed his term of active duty service. At the time of his release from active duty the regulation governing preparation of the DD Form 214 did not require a statement confirming a Soldier had completed his or her first full term of service. The absence of this entry may have an impact on receiving benefits, but there is no barrier to adding such an entry to the applicant's DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003895 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003895 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2