IN THE CASE OF:	

		BOARD DATE:	  8 June 2010

		DOCKET NUMBER:  AR20090021332 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his proper date of discharge.

2.  The applicant states that although he didn't serve his full term, he was in the Army for longer than 1 year and 2 months.

3.  The applicant does not provide any additional documents.

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 military records show that he enlisted in the Regular Army on 5 February 1991, was awarded the military occupational specialty of infantryman, and was promoted to pay grade E-3.
3.  On 11 March 1992, a local bar to reenlistment was initiated against the applicant.  The stated reason for the bar was his "present and past duty performance does not meet the standards established within this unit.  He has a disrespectful attitude towards his superiors and lacks military discipline and bearing."  The applicant was provided a copy of the proposed bar and given the opportunity to submit a statement in his own behalf, which he declined.  The bar was approved by the appropriate authority.  The applicant then stated that he did not intend to appeal the bar.

4.  On 12 March 1992, the applicant submitted a request to be discharged because he believed he was unable to overcome the bar.  That request was approved by the appropriate authority on 19 March 1992.

5.  On 26 March 1992, orders were published which show the applicant's date of discharge as 9 April 1992.

6.  On 9 April 1992, the applicant was honorably discharged due to a locally-imposed bar to reenlistment and was issued a DD Form 214 showing his date of discharge as 9 April 1992.  He initialed a document stating that he did not desire a separation medical examination on the same date.

DISCUSSION AND CONCLUSIONS:

1.  The date of the applicant's bar to reenlistment, his request for discharge, his waiver of a medical examination, and his discharge orders all support that the applicant was discharged on 9 April 1992.

2.  In view of the foregoing, there is no basis for granting the applicant's request.

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 that 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)                                         AR20090021332



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ABCMR Record of Proceedings (cont)                                         AR20090021332



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