| Mr. Carl W. S. Chun | Director | |
| Ms. Deborah L. Brantley | Senior Analyst |
| Ms. Joann H. Langston | Chairperson | |
| Ms. Margaret K. Patterson | Member | |
| Mr. Eric N. Andersen | Member |
APPLICANT REQUESTS: In effect, that his military records be corrected to show that he served for 90 days on active duty, vice the 2 months and 3 days currently reflected on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). He states, in effect, that he spent several days at "Fort Brook" prior to going to Fort Buchanan. He submits no evidence in support of his request.
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 underwent a medical examination at Fort Brooke, Puerto Rico on 12 August 1964 for the purpose of induction. He was found medically qualified and was inducted on 13 August 1964 at Fort Brooke. The applicant acknowledged, in a signed statement, that he was inducted into the Army of the United States on
13 August 1964 for a period of 2 years. His induction paperwork notes that he was required to report to Fort Buchanan, Puerto Rico on 14 August 1964.
On 15 October 1964 the applicant was honorably discharged under the provision of Army Regulation 635-200 and a Department of the Army Letter, dated 14 June 1962, which provided for the early release of Puerto Rican personnel who failed to qualify for training. Orders issued by the U.S. Army Training Center at Fort Buchanan on 15 October 1964 confirmed the applicant's separation date. At the time of his discharge the applicant had completed just 2 months and 3 days of active service.
There is no evidence, nor has the applicant provided any, which confirms he had any additional active Federal service which should have been included on his 1964 DD Form 214.
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 October 1964, the date the applicant was discharged and authenticated his separation document. The time for the applicant to file a request for correction of any error or injustice expired on
15 October 1967.
The application is dated 11 September 2001 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. Prior to reaching this determination the Board looked at the applicant's entire file. It was only after all aspects of his case had been considered and it had been concluded that there was no basis to recommend a correction of his record that the Board considered the statute of limitations. Had the Board determined that an error or injustice existed it would have recommended relief in spite of the applicant's failure to submit his application within the three-year time limit.
BOARD VOTE:
________ ________ ________ EXCUSE FAILURE TO TIMELY FILE
________ ________ ________ GRANT FORMAL HEARING
__JHL___ __MKP__ __ENA __ CONCUR WITH DETERMINATION
| CASE ID | AR2001063501 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20011204 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 142.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2006 | 20060005732C070205
Accordingly, it would be in the interest of justice to correct his records at this time to show his award of the Purple Heart. Records show the applicant should have discovered the alleged error or injustice now under consideration on 23 December 1952; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 22 December 1955. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2008 | 20080013670
Army Regulation 635-5 (Personnel Separations), in effect at the time, established uniform administrative procedures and separation forms to be used in connection with the relief from active duty or complete separation of enlisted and warrant/commissioned officer personnel. If the grade at the time of separation was not permanent, the permanent grade, date of appointment, and date of rank if different from the date of appointment is entered in item 38. The evidence of record shows that the...
ARMY | BCMR | CY2011 | 20110006831
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Separation or Discharge), item 27 (Wounds Received As A Result of Action With Enemy Forces), to show Frags right arm and chest. 2. The applicant states his DD Form 214 incorrectly reflects in item 27 the entry Frags left arm and chest when in fact he was wounded in the right arm and chest. _______ _ _X______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of...
ARMY | BCMR | CY2013 | 20130003191
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to change: * Item 7a (Place of Entry on Active Duty) from "Fort Buchanan, Puerto Rico (PR)" to "San Antonio, TX" * Item 7b (Home of Record (HOR) at Time of Entry) from "HC-- Box 2---- BO, Rio Guaynabo, PR 00971" to "1-- Ingram, San Antonio, TX 78234" 2. By law and regulation, the HOR is the place recorded as the home of the individual at the time of their enlistment or induction,...
ARMY | BCMR | CY2002 | 2002075899C070403
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. Accordingly, on 8 May 1973, the...
ARMY | BCMR | CY2005 | 20050009255C070206
Evidence of record shows that the applicant and his family were stationed in Puerto Rico; that the applicant received orders, was reassigned to a dependent restricted tour, and arrived in Honduras on 16 April 2003; and that his family remained in Puerto Rico until his return to Puerto Rico on 18 May 2004. The advisory opinion offers that the evidence of record indicates that, prior to reporting to Honduras, the applicant was improperly advised that his COLA and OHA allowances would continue...
ARMY | BCMR | CY2008 | 20080000937
The applicant requests correction of item 10 (Date of Birth) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his date of birth (DOB) as 31 October 1930 and correction of item 12 (Description) to show his race as Hispanic and his height as 5 feet and 2 inches. The applicants military records are not available to the Board. This document is accepted as sufficient evidence as a basis to amend item 10 on his DD Form 214 to show his DOB as 31...
ARMY | BCMR | CY2014 | 20140016161
The applicant provides copies of * a 31 October 1970 physical profile * a 31 January 1971 pay voucher * a 30 December 1971 inquiry to the National Personnel Center by his mother * a 29 March 1972 request for information reply * five letters from the American Red Cross (in Spanish), 14 January 1971, 21 October 1971, 14 December 1971, 16 December 1971, and 19 September 1972 * U.S. Army Garrison, Fort Buchanan Special Orders Number 22, dated 31 January 1975 * 3 February 1975 request for...
ARMY | BCMR | CY2013 | 20130006335
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant's military records and medical records are not available to the Board for review. _______ _ 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.
ARMY | BCMR | CY2013 | 20130017919
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: The applicant's request, statement, and supporting documents are provided by his counsel. The applicant's counsel argues that at the time the applicant completed the DDESS enrollment form on 30 April 2007 his assignment in Puerto Rico was scheduled to terminate on 25 July 2008 and the applicant had not been informed that his request for extension had been denied; therefore, the applicant did not make a false official statement. In regard to...