ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  10 January 2020

	DOCKET NUMBER:  AR20170004019


APPLICANT REQUESTS: Correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) to add one day to qualify for Post 9/11 GI Bill benefits at 
the 100% rate.


APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214, dated 14 January 2011
*	DD Form 1610 (Request and Authorization for Temporary Duty (TDY) Travel of 
Department of Defense Personnel), dated 23 February 2012
*	Orders Number, dated 21 June 2012

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code (USC), section 1552(b); however, the Army Board for Correction of Military 
Records (ABCMR) conducted a substantive review of this case and determined it is in 
the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states in pertinent part, the Veterans Affairs (VA) calculated him 
having 1,094 days of service, entitling him to 90% of his Post 9/11 GI Bill benefits.  
When he called and questioned the decision, he was told 1,095 days was required for 
100%.  This makes him short by one day for potentially tens of thousands of dollars of 
benefits, and eligibility for the Yellow Ribbon program.  Luckily, he was called to active 
duty once on Title 10 orders.  Department of the Army recently announced they are now 
counting active duty performed under Title 10 USC, section 12301, after                             
10 September 2001 as qualifying service for the Post 9/11 GI Bill.  When he tried to get 
the VA to update his active duty time with the orders, they referred him to the Board, 
saying he needed to get his DD Form 214 updated.




3.  A review of the applicant’s official records show the following on:

	a.  On 17 January 2008, the applicant enlisted in the Regular Army for a period of                
4 years and 19 weeks.

	b.  On 16 December 2010, the applicant requested and was approved for separation 
under the provisions of Army Regulation (AR) 635-200 (Active Duty Administrative 
Separations), chapter 16-2, for acceptance into the Reserve Officers’ Training Corps 
(ROTC) Green to Gold program.  He requested a separation date of 15 January 2011.

	c.  On 14 January 2011, the applicant was honorably discharged from active duty by 
reason of entering an officer training program.  DD Form 214 shows he completed 
2 years, 11 months, and 28 days (1,094 days) of net active service for this period of 
service.

	d.  On 18 January 2011, the applicant enlisted in the Army as a ROTC cadet for a 
period of 4 years.

	e.  On 8 December 2014, the applicant was appointed as a Reserve commissioned 
officer and executed an oath of office.

	f.  On 27 November 2017, the applicant was honorably retired from active duty by 
reason of disability, temporary (enhanced).  His DD Form 214 shows he completed                  
2 years, 11 months, and 2 days of net service with 2 years, 11 months, and 28 days of 
prior active service.

4.  The applicant provides:

*	DD Form 1610 showing the applicant would proceed on TDY orders for 31 days 
effective on 25 June 2012
*	Orders Number 17-1293, issued by Headquarters, U.S. Army Cadet Command 
which ordered the applicant to active duty for professional development training 
for a period of 38 days

5.  Title 38 USC, section 3311(a)(d) (Prohibition on Treatment of Certain Service as 
Period of Active Duty) states period of service on active duty of an officer pursuant to an 
agreement under Title 10 USC, section 2107(b) (enrollment as a cadet) shall not be 
considered a part of the period of active duty on which an individual’s entitlement to 
educational assistance under this chapter is based. 

6.  Title 10 USC, section 12301 (Reserve Components Generally) states in time of war 
or national emergency declared by Congress, or when otherwise authorized by law, an 
authority designated by the Secretary concerned may, without consent of the persons 
affected, order any unit, and any member not assigned to a unit organized to serve as a 
unit, to active duty for the duration of the war or emergency and for six months 
thereafter.

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board considered the applicant’s statement, his record of 
service, his periods of active duty and the reason for his separation.  The Board 
considered his requested date for discharge to enlist as an ROTC cadet and the date he 
was separated.  The Board found a gap in the time from his discharge and his 
subsequent enlistment to enroll in ROTC.  Based on the dates, the Board determined 
that the applicant’s denial of benefits due to being one day short of the required time 
was unjust and that a correction to his record was necessary. 

2.  After reviewing the application and all supporting documents, the Board found that 
relief was warranted.



BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:X	:X	:X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a 
recommendation for relief.  As a result, the Board recommends that all Department of 
the Army records of the individual concerned be corrected by:

-	Amending the DD Form 214 for the period of service ending 14 January 2011 
as follows, Item 12b. (Separation Date this Period) – “2011 01 15”; item 12c 
(Net Active Service this Period) – “01 11 29”, and;
-	Amending the DD Form 214 for the period of service ending 27 November 
2017 as follows, item 12d. (Total Prior Active Service) – “01 11 29.”
  


	  
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.






REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three years after discovery of the alleged error or injustice.  
This provision of law also allows the ABCMR to excuse an applicant's failure to timely 
file within the three-year statute of limitations if the ABCMR determines it would be in 
the interest of justice to do so.

2.  Title 38 USC, section 3311(a)(d) (Prohibition on Treatment of Certain Service as 
Period of Active Duty) states period of service on active duty of an officer pursuant to an 
agreement under Title 10 USC, section 2107(b) (enrollment as a cadet) shall not be 
considered a part of the period of active duty on which an individual’s entitlement to 
educational assistance under this chapter is based. 

3.  Title 10 USC, section 12301 (Reserve Components Generally) states in time of war 
or national emergency declared by Congress, or when otherwise authorized by law, an 
authority designated by the Secretary concerned may, without consent of the persons 
affected, order any unit, and any member not assigned to a unit organized to serve as a 
unit, to active duty for the duration of the war or emergency and for six months 
thereafter.


//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170004019

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