Citation Nr: A25041209 Decision Date: 05/06/25 Archive Date: 05/06/25 DOCKET NO. 201208-130650 DATE: May 6, 2025 ORDER Entitlement to enroll in Department of Veterans Affairs (VA) healthcare on the basis of meeting the minimum eligibility active duty requirement is granted. FINDING OF FACT The Veteran qualifies for an exception to minimum duty requirements and is therefore legally eligible for enrollment in the VA healthcare system. CONCLUSION OF LAW The criteria for basic eligibility to enroll in VA health care on the basis of meeting the minimum active duty requirement are met. 10 U.S.C. § 1171, 38 U.S.C. § 5303A; 38 C.F.R. § 3.12a. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Army from May 1986 to March 1988. For his meritorious service, the Veteran was awarded (among other decorations), the Army Commendation Medal and the Army Achievement Medal. In the December 2020 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Evidence Submission docket. Therefore, the Board may only consider the evidence of record at the time of the agency of original jurisdiction (AOJ) decision on appeal, as well as any evidence submitted by the Veteran with, or within 90 days from receipt of, the VA Form 10182. 38 C.F.R. § 20.303. If evidence was submitted either (1) during the period after the AOJ issued the decision on appeal and prior to the date the Board received the VA Form 10182, or (2) more than 90 days following the date the Board received the VA Form 10182, the Board did not consider it in its decision. 38 C.F.R. §§ 20.300, 20.303, 20.801. Requirements for eligibility to VA benefits, including enrollment in VA health care, for a person who initially enters such service after September 7, 1980, and who is discharged or released from a period of active duty before completing the shorter of (A) 24 months of continuous active duty, or (B) the full period for which such person was called or ordered to active duty, is not eligible for VA benefits, including enrollment in VA health care, by reason of such period of active duty. 38 U.S.C. § 5303A; 38 C.F.R. § 3.12A. Such requirements are not applicable to the following cases: (1) To a person who is discharged or released under 10 U.S.C. 1171 or 1173 (early out or hardship discharge); (2) To a person who is discharged or released from active duty for a disability adjudged service connected without presumptive provisions of law, or who at time of discharge had such a service-connected disability, shown by official service records, which in medical judgment would have justified a discharge for disability; (3) To a person with a compensable service-connected disability; (4) To the provision of a benefit for or in connection with a service-connected disability, condition, or death; (5) To benefits under chapter 19 of title 38, United States Code (insurance). 38 C.F.R. § 3.12A (d). The Veteran contends that he is eligible for enrollment in the VA healthcare system on the basis he meets the criteria for an exclusion under 38 C.F.R. § 3.12A (d)(1). He advised he was discharged from active duty service under an "early out." An August 2020 administrative decision denied eligibility because the Veteran did not have two years of active service. The Veteran submitted a statement that he believed he qualifies for VA benefits under the exception to the requirement of 24 months of continuous service. The Veteran advised that prior to receiving his honorable discharge in 1988, he would be granted an early separation from service due to the GY 88 Early Transition Program related to the Army's reduction in authorized strength program. He contends he was willing to finish his commitment to his active duty service and did not seek out the early discharge, he contends the Army decided this for him. The Veteran reported he was discharged early in March 1988, within 90 days of when his term would have expired in May 1988. The Veteran believes he qualifies for an exception to the minimum 24 months of continuous active duty service under 10 U.S.C. § 1171. The Veteran's DD 214, Certificate of Release or Discharge from Active duty confirms he received an honorable discharge and his type of separation was noted to be "Relief from active duty" with the reason for separation being "Reduction in authorized strength FY88 Early Transition Program." The Veteran's DD-214 and personnel records clearly indicate he was discharged within 90 days of the end of his enlistment period and that he was discharged as part of the FY88 Early Transition Program. Under 10 U.S.C. § 1171, the regulation states that any regular enlisted member discharged within one year before the expiration of the term of their enlistment or extended enlistment does not affect any right, privilege, or benefit the member would have if they completed their enlistment, except that the member is not entitled to pay and allowances for the period not served. Additionally, VA's Office of General Counsel addressed the minimum active duty service requirement issue regarding those who were separated from service for the convenience of the Government with less than 24 months of continuous active service pursuant to a reduction in strength program. The comments from VA's Office of General Counsel specifically addressed the FY 88 Early Transition Program. The holding found that the statutory exception is applicable to the early discharge of enlisted personnel within three months before the expiration of their enlistment under 10 U.S.C. § 1171. See VAOPGCPREC 17-92, Vet. Aff. Op. Gen. Couns. Prec. 17-92 (1992). Therefore, the Board finds that the Veteran's DD 214 and personnel records corroborate the Veteran's statements regarding active service. The Board finds the Veteran qualifies for an exception to the minimum 24 months of continuous active duty service under 10 U.S.C. § 1171. Thus, affording the benefit of the doubt, the Board finds the Veteran qualifies for an exception to the minimum 24 months of continuous active duty service under 10 U.S.C. § 1171 and therefore, he meets the basic eligibility requirements to enroll in VA healthcare. Entitlement to enroll in VA healthcare is granted. Evan M. Deichert Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Mouzakis, Counsel The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.