RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 19 APRIL
DOCKET NUMBER: AR20040004719
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. Raymond Wagner | |Chairperson |
| |Mr. Larry Bergquist | |Member |
| |Mr. Larry Olson | |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. The applicant requests that his Honorable Discharge Certificate be
corrected to show that he was discharged on 26 September 1975 vice the 1
September 1975 date shown.
2. The applicant states that he entered the Army on 26 September 1969, and
the date of his Honorable Discharge Certificate should be 26 September
1975.
3. The applicant provides a copy of his Honorable Discharge Certificate
and a copy of his DD Form 214 (Report of Transfer or Discharge) reflecting
his active duty for training service.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice
which occurred on 1 September 1975. The application submitted in this case
is dated 16 July 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 Reserve for 6 years on 27 September
1969. At that time he stated that he understood that he incurred a
military obligation for 6 years.
4. The applicant was assigned to the 807th Station Hospital in New York
City. He attended active duty for training at Fort Sam Houston, Texas from
February to June 1970, after which he was released to his Reserve unit. He
continued his service in the Army Reserve and in June 1974 was assigned to
the 322nd General Hospital in Newark, New Jersey. On 26
September 1974 he was assigned to the Army Reserve Control Group (Standby)
at St. Louis.
5. On 20 August 1975 the Army Reserve Components Personnel and
Administration Center published orders discharging the applicant from the
Standby Reserve effective on 1 September 1975. The reason cited for his
discharge was expiration of his term of service (ETS). The Honorable
Discharge Certificate that he provides with his request shows that he was
discharged on 1 September 1975.
6. Army Regulation 135-91 defines Army National Guard and Army Reserve
service obligations, and states in pertinent part that before 1 June 1984,
all personnel incurred a 6-year statutory obligation on initial entry into
the Armed Forces. That regulation also states that military separation due
to a discharge, dismissal, or being dropped from the rolls of the Army
terminates a Soldier’s statutory service obligation.
DISCUSSION AND CONCLUSIONS:
1. The applicant had a statutory service obligation until 26 September
1975, 6 years from the date of his enlistment. This was in
accordance with the law. Thus, his discharge on 1 September 1975 for the
reason cited, his ETS, was obviously incorrect.
2. Nonetheless, he was discharged, terminating his military service
obligation.
There is no evidence that an injustice has been done to him by his
discharge prior to the completion of his statutory service obligation.
3. There appears to not be any good reason now, almost 30 years after his
discharge, to correct his record as he has requested. Consequently, his
request to correct the date on his Honorable Discharge Certificate is
denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__RW___ ___LB___ ___LO __ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice. Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.
2. As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law. Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.
____Raymond Wagner_______
CHAIRPERSON
INDEX
|CASE ID |AR20040004719 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20050419 |
|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. |110.00 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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