Search Decisions

Decision Text

ARMY | BCMR | CY1997 | 9711270
Original file (9711270.rtf) Auto-classification: Denied
APPLICANT REQUESTS: Correction of his military records to show that he was inducted on 23 March 1970 instead of
17 March 1971. He states he was drafted “from Fort Hamilton in Brooklyn, New York and from there sent to Fort Dix, New Jersey were [he] started [his] basic training.”

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 inducted and entered active duty on 17 March 1971. Special Orders Number 53, issued on 17 March 1971, his DD Form 47 (record of induction), which was authenticated by the administrative officer at the entrance processing station at Fort Hamilton, New York and a USA Recruiting Form 180-R (acknowledgment of service obligation), which the applicant authenticated, confirm his induction date as
17 March 1971. He commenced basic training at Fort Dix, New Jersey on 29 March 1971.

The applicant was honorably discharged on 22 March 1973 for the purpose of immediate reenlistment. His DD Form 214, which he authenticated, indicates his induction date as
17 March 1971.

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 22 March 1973, the date he was separated for the purpose of immediate reenlistment and authenticated his separation document. The time for the applicant to file a request for correction of any error or injustice expired on 22 March 1976.

The application is dated 20 March 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

Similar Decisions

  • ARMY | BCMR | CY2012 | 20120020417

    Original file (20120020417.txt) Auto-classification: Denied

    His DD Form 214 issued at the time of his retirement shows that he entered active duty on 4 April 1977 and that he served 14 years, 3 months and 27 days of net active service this period and 5 years, 10 months and 29 days of prior active service. The applicant was issued DD Forms 214 up to 3 April 1977 in accordance with the regulation in effect at the time. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the...

  • ARMY | BCMR | CY2004 | 2004099952C070208

    Original file (2004099952C070208.doc) Auto-classification: Denied

    The Board considered the following evidence: Exhibit A - Application for correction of military records. The application submitted in this case is dated 21 October 2003. A condition of submitting such a request is that the individual concerned must indicate that they have been briefed and understand the consequences of such a request as well as the discharge they might receive.

  • ARMY | BCMR | CY2006 | 20060013898

    Original file (20060013898.txt) Auto-classification: Denied

    x The Board considered the following evidence: Exhibit A - Application for correction of military records. In October 1967, he was assigned the duties of a cook. The U.S. Court of Appeals, observing that applicants to the Army Discharge Review Board (ADRB) are by statute allowed 15 years to apply there, and that this Board's exhaustion requirement (Army Regulation 15-185, paragraph 2-8), effectively shortens that filing period, has determined that the 3 year limit on filing to the Army...

  • ARMY | BCMR | CY2001 | 2001065068C070421

    Original file (2001065068C070421.rtf) Auto-classification: Denied

    In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether the application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely file. The applicant requests correction of military records as stated in the application to the Board and as restated herein. The applicant has not presented and...

  • ARMY | BCMR | CY2005 | 20050017701C070206

    Original file (20050017701C070206.doc) Auto-classification: Denied

    The applicant requests that his undesirable discharge be upgraded to honorable. The applicant states that he was ordered to active duty after having served 5 1/2 years of Enlisted Reserve duty because of missed meetings for medical reasons and was given an undesirable discharge for being absent without leave (AWOL) for 11 months. The board found that the documents he submitted with his appeal failed to qualify the applicant for mitigation or relief from his involuntary call to active duty.

  • ARMY | BCMR | CY2010 | 20100025240

    Original file (20100025240.txt) Auto-classification: Denied

    There is no evidence in the available records to show he ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations. Paragraph 3-7b states a general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.

  • ARMY | BCMR | CY2008 | 20080010558

    Original file (20080010558.txt) Auto-classification: Approved

    IN THE CASE OF: BOARD DATE: 23 October 2008 DOCKET NUMBER: AR20080010558 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that in addition to the awards listed on his DD Form 214, the applicant was awarded the Good Conduct Medal. ___________X___________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for...

  • ARMY | BCMR | CY2008 | 20080006182

    Original file (20080006182.txt) Auto-classification: Denied

    A review of the medical records contained in the applicant’s Official Military Personnel File (OMPF) shows two separate SF Form 600s dated 10 May 1968 which indicate that the applicant received a head injury. Additionally, he was not reported as a casualty, no annotation of wounds received in action against the enemy was made on his records and no indication that a medical officer verified his treatment. Therefore, in the absence of evidence to establish the validity of the two documents...

  • ARMY | BCMR | CY2008 | 20080014473

    Original file (20080014473.txt) Auto-classification: Denied

    The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 16 May 1972, be corrected to show that he entered active duty on 15 September 1967. On 22 May 1968, he reenlisted for a period of 4 years and training as a welder. The applicant reenlisted on 22 May 1968 for a period of 4 years and his DD Form 214 correctly reflects that he entered on the period of service covered by the DD Form 214 on that date.

  • ARMY | BCMR | CY2009 | 20090009797

    Original file (20090009797.txt) Auto-classification: Denied

    THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. On 28 November 1973, the separation authority approved the applicant's discharge under the provisions of Army Regulation 635-206, paragraph 33, and directed the applicant be issued an Undesirable Discharge Certificate. The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was discharged from the U.S. Army under other than honorable conditions on 2 January 1974 under the provisions of...