APPLICANT REQUESTS: In effect, the applicant requests that his bad conduct discharge be upgraded, and that he be issued a DD Form 214 (Certificate of Release or Discharge from Active Duty), for his first period of service in the Army. He states he should have received a discharge when he extended. The applicant states that he was using drugs and was not thinking straight, but is now enrolled in a drug program and is doing well.
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:
The applicant enlisted in the Army for three years on
15 March 1983.
On 14 May 1983 the applicant received nonjudicial punishment under Article 15, UCMJ, for breach of the peace.
The applicant completed training and was assigned to Fort Polk, Louisiana. On 23 August 1984 he received the Army Achievement Medal.
On 29 November 1984 the applicant received nonjudicial punishment for wrongful use of marijuana.
The applicant was promoted to pay grade E-4 in July 1985 and in December was assigned to a signal battalion in Korea.
On 28 February 1986 the applicant extended his enlistment for three months. On 14 May 1986 the applicant again extended his enlistment, this time for one year, causing his new separation date (ETS) to be 14 June 1987, 4 years and 3 months from his initial enlistment date.
On 21 May 1986 the applicant was awarded the Good Conduct Medal for the period 15 March 1983 to 14 March 1986.
On 30 June 1986 the applicant received nonjudicial punishment for failure to go to his place of duty.
The applicant was AWOL from 24 September through
29 September 1986, on 10 October 1986, and from
23 October through 13 November 1986.
On 5 December 1986, before a general court-martial which convened at Camp Casey in Korea, the applicant was arraigned, tried, and pled guilty to wrongful possession of methamphetamine, wrongful possession of a switchblade knife, and three specifications of AWOL. The applicant was found guilty of all charges and sentenced to be reduced to the pay grade of E-1, forfeiture of all pay and allowances, confinement for thirteen months, and a bad conduct discharge. The findings and sentence were affirmed on
27 March 1987.
The applicant was discharged on 21 October 1987 from the Army Correctional Activity at Fort Riley, Kansas. He had
3 years, 8 months, and 21 days of active service and
316 days of lost time.
Army Regulation 635-5, then in effect, establishes policy for preparing and distributing DD Form 214 (Certificate of Release or Discharge from Active Duty). Paragraph 1-4 states, in pertinent part, that a DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from active duty. It will not be prepared for enlisted members discharged for immediate reenlistment.
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
21 October 1987, the date of his discharge. The time for the applicant to file a request for correction of any error or injustice expired on 21 October 1990.
The application is dated 15 April 1996 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
ARMY | BCMR | CY2011 | 20110024292
He completed 10 years, 3 months, and 1 day of creditable active service during the period of service from 30 March 1977-30 June 1987 and the DD Form 214 is available for review. With regard to adding his Vietnam service to his DD Form 214 for the period ending 20 June 1987: The available evidence shows he served in Vietnam from 17 March 1967 to 16 March 1968. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by issuing the...
ARMY | BCMR | CY2006 | 20060001184C070205
On 29 February 1988, the applicant’s commander notified him that he was initiating action to separate him from the service under the provisions of Army Regulation 635-200, chapter 14, due to misconduct for commission of a serious offense. There is no evidence in the available records to show that he ever applied to the ADRB for an upgrade of his discharge within that board’s 15- year statute of limitations. Army Regulation 635-200, sets forth the basic authority for the separation of...
ARMY | BCMR | CY2009 | 20090015619
The applicant provides the following additional documentary evidence: * Copies of his DD Forms 214, dated 28 February 2003 and 3 November 1986 * A copy of a memorandum, dated 13 May 2003, Subject: Eligibility for Promotion as a Reserve Commissioned Officer Not on Active Duty * A copy of a memorandum, dated 19 July 1993, Subject: Results of the 1993 Captain (CPT)-MAJ APL (Army Promotion List) DA (Department of the Army) Selection Board * A copy of his DD Form 215 (Correction to DD Form 214),...
ARMY | BCMR | CY2013 | 20130001899
He states he served in the Army from 9 July 1985 to 21 July 1988 and received an honorable discharge. On 9 July 1986, the separation authority approved the recommendation to eliminate the applicant from the service under the provisions of Army Regulation 635-200, paragraph 14-12c. He claims to have served honorably from 9 July 1985 to 21 July 1988.
ARMY | BCMR | CY2008 | 20080013717
Application for correction of military records (with supporting documents provided, if any). Item 12f (Foreign Service) of this DD Form 214 shows the entry 04 00 08. 7. The evidence of records also shows that the applicant served a qualifying period of service for award of the Korea Defense Service Medal and is entitled to correction of his records to show this award.
ARMY | BCMR | CY2006 | 20060010699C071029
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 27 February 2007 DOCKET NUMBER: AR20060010699 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests that his discharge date and rank at discharge be corrected. The evidence of record shows he was advanced to PFC, E-3 by the time he was placed on the TDRL on 21 April 1987.
ARMY | BCMR | CY2004 | 20040000721C070208
f. Military medical documents, dated between September 1986 and 6 January 1988, which show he complained of chronic pain in the right foot. On 9 December 1986, the applicant was evaluated for drug dependency. The available evidence does not show the applicant ever petitioned the Court of Military Appeals for grant of review.
ARMY | BCMR | CY2009 | 20090007107
The applicant's military records verify that he served in the Republic of Korea from 3 February 1986 to 17 February 1987. Although records verify the applicant's annual training in Iceland and Canada and his entitlement to the ARCOTR, his training occurred after the issuance of his 1987 DD Form 214 and there are no other separation documents contained in his records to list these awards. The Board also determined that the evidence presented was sufficient to show that the applicant was...
ARMY | BCMR | CY2009 | 20090006237
The commander advised the applicant of his right to consult with counsel; his right to obtain copies of documents that would be sent to the separation authority supporting the proposed separation action; his right to request a hearing before an administrative separation board; his right to submit statements in his own behalf; to be represented by counsel; to waive any of these rights; and to withdraw any waiver of rights at any time prior to the date the discharge authority directed or...
ARMY | BCMR | CY2004 | 040003589C070208
The applicant’s DD Form 214 (Report of Transfer or Discharge) shows that he served on active duty as an infantryman from 18 February 1964 to 25 November 1966, one year of which was in Korea from 10 October 1965 to 24 November 1966. Army Reserve Components Achievement Medal for the period 23 May 1979 to 22 May 1983 c. Armed Forces Reserve Medal for the period 23 May 1979 to 22 May 1989 d. National Defense Service Medal because of his active service from 1964 to 1966 e. Armed Forces...