RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 29 MARCH 2005
DOCKET NUMBER: AR20040003790
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.
| |Mr. Carl W. S. Chun | |Director |
| |Mr. Kenneth H. Aucock | |Analyst |
The following members, a quorum, were present:
| |Mr. Melvin Meyer | |Chairperson |
| |Mr. Patrick McGann | |Member |
| |Ms. Susan Powers | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. In effect, the applicant requests that his record of service on his 3
March 1998 DD Form 214 (Certificate of Release or Discharge from Active
Duty) be corrected.
2. The applicant states that he was in Germany from March 1987 to 1989, at
Fort Polk, Louisiana from 1989 to May 1991, and in Korea from February 1997
to March 1998.
3. The applicant provides no evidence.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice
which occurred on 3 March 1998. The application submitted in this case is
dated 24 June 2004.
2. 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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so. In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.
3. The applicant enlisted in the Army for 4 years on 4 March 1987. He was
released from active duty at Fort Polk, Louisiana on 21 May 1991 and
transferred to the Army Reserve Control Group (Reinforcement) at St. Louis.
He had 4 years, 2 months, and 18 days of service. His DD Form
214 shows that he was retained for 79 days [past his expiration of term of
service] as essential to national security.
4. The applicant remained a member of the Army Reserve until his discharge
on 7 June 1995.
5. On 19 February 1997 the applicant reenlisted in the Army for 4 years.
Assigned to Korea on or about 8 March 1997, he returned to the United
States for disability processing on or about 9 October 1997. He was
discharged on 3 March 1998 because of his disability. His DD Form
214 shows that he entered on active duty on 1 December 1992, and that he
had 5 years, 3 months, and 3 days of service, no prior active
service, no prior inactive service, and no foreign service.
DISCUSSION AND CONCLUSIONS:
1. The applicant’s record of service on his 3 March 1998 is incorrect. He
entered on active duty during his last period of service on 19 February
1997. He had 1 year and 15 days of service. He had a total of 4 years, 2
months, and 18 days of prior active service. The applicant had 4 years
and 16 days of prior inactive service. He had 7 months and 2 days of
service in Korea during his last period of enlistment.
2. Consequently, the applicant’s record of service on his 3 March 1998
DD Form 214 should be corrected accordingly.
BOARD VOTE:
___MM__ ___PM ___SP __ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file. As a
result, the Board recommends that the record of service on the applicant’s
3 March 1998 DD Form 214 be corrected by showing that he entered on active
duty on 19 February 1997 and that he had 1 year and 15 days of
net active service; 4 years, 2 months, and 18 days of prior active
service; 4 years and 16 days of prior inactive service; and 7 months and 2
days of foreign service.
______Melvin Meyer_______
CHAIRPERSON
INDEX
|CASE ID |AR20040003790 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20050329 |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |110.00 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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