APPLICANT REQUESTS: In effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected. He states in effect, that his date of entry on his DD Form 214 and his total active service are incorrect on his DD Form 214.
PURPOSE: To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to excuse the failure to timely file.
EVIDENCE OF RECORD: The applicant's military records show:
He was born on 18 January 1952. He completed 11 years of formal education. On 6 May 1971, he enlisted in the Regular Army for 3 years. His Armed Forces Qualifications Test score was 48 (Category III). The applicants record indicates that he only completed combat basic training.
On 3 August 1971, the applicant accepted nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice, for failure to repair. His imposed punishment was a forfeiture of $20 pay, 7 days restriction, and extra duty.
Between 20 November 1971 and 4 April 1972, the applicant was counseled on five different occasions for his appearance and his poor duty performance.
On 4 May 1972, the commander notified the applicant that he was being recommended for discharge under the Qualitative Management Program, in accordance with DA Message 242110Z September 1971. The commanders recommendation was based on the applicants unkempt appearance, his unsatisfactory duty performance and his failure to respond to counseling.
On 6 June 1972, a medical examination found the applicant fit for retention.
On 15 June 1972, the applicant was honorably discharged in accordance with DA Message 242110Z, September 1971, (Failure to demonstrate adequate potential for promotional advancement). His DD Form 214 indicated that he had completed 8 months and 14 days of creditable active service and 25 days of lost time.
On 9 October 1974, the applicant was issued a DD Form 215 (Correction to DD Form 214, Report of Separation From Active Duty). The applicants net service was corrected to show that he had served 1 year and 15 days of creditable active service instead of 8 months and 14 days of active service. The applicants Official Military Personnel File indicates, that the date of entry recorded on his DD Form 214 is correct.
There is no evidence in the applicants Official Military Personnel File in support of his allegations.
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. Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so.
DISCUSSION: The alleged error or injustice was, or with reasonable diligence should have been discovered on
15 June 1972, the date the applicant was discharged. The time for the applicant to file a request for correction of any error or injustice expired on 15 June 1975.
The application is dated 14 July 1994, and the applicant has not explained or otherwise satisfactorily demonstrated by competent evidence that it would be in the interest of justice to excuse the failure to apply within the time allotted.
DETERMINATION: The subject application was not submitted within the time required. The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in the interest of justice to grant the relief requested or to excuse the failure to file within the time prescribed by law.
BOARD VOTE:
EXCUSE FAILURE TO TIMELY FILE
GRANT FORMAL HEARING
CONCUR WITH DETERMINATION
Karl F. Schneider
Acting Director
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