RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 14 June 2005
DOCKET NUMBER: AR20040006742
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. Joseph A. Adriance | |Analyst |
The following members, a quorum, were present:
| |Mr. John N. Slone | |Chairperson |
| |Mr. Hubert O. Fry | |Member |
| |Ms. Linda D. Simmons | |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, in effect, that the date of entry listed on his
separation document (DD Form 214) be corrected to read 4 August 1974.
2. The applicant states, in effect, that his Military Personnel Records
Jacket (MPRJ) was lost at Fort Knox, Kentucky, or Presidio of Monterey,
California.
3. The applicant provides no documentary evidence in support of his
application.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice
that occurred on 3 August 1977. The application submitted in this case is
dated
27 August 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’s MPRJ was made available to the Board and it contains a
copy of the applicant’s enlistment contract (DD Form 4). Item 36
(Confirmation of Enlistment) of the DD Form 4 confirms the applicant
voluntarily enlisted in the Army for four years and entered active duty on
21 May 1976.
4. The applicant’s Personnel Qualification Record (DA Form 2, dated 11
April 1977, confirms his basic active service date (BASD) was 21 May 1976.
5. On 3 August 1977, the applicant was honorably released from active duty
under the provisions of the Expeditious Discharge Program (EDP). The
separation document (DD Form 214) he was issued confirms he entered active
duty on 21 May 1976, and that he completed a total of 1 year, 2 months and
13 days of active military service.
DISCUSSION AND CONCLUSIONS:
1. The applicant’s claim that the entry date on his DD Form 214 is
incorrect was carefully considered. However, there is insufficient
evidence to support this claim.
2. A DD Form 4 on file in the applicant’s MPRJ confirms he enlisted in the
Regular Army for four years and entered active duty on 21 May 1976. His
DA Form 2 confirms his BASD was 21 May 1976, and a properly constituted
DD Form 214 on file confirms he was separated under the provisions of the
EDP after completing a total of 1 year, 2 months and 13 days of active
military service, and that his entry date was 21 May 1976.
3. In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust. The evidence of record in
this case does not satisfy this requirement.
4. Records show the applicant should have discovered the alleged error or
injustice now under consideration on 3 August 1977. Therefore, the time
for him to file a request for correction of any error or injustice expired
on 2 August 1980. However, he failed to file within the 3-year statute of
limitations and has not provided a compelling explanation or evidence to
show that it would be in the interest of justice to excuse failure to
timely file in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___JNS__ ___HOF_ ___LDS _ 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.
____John N. Slone_____
CHAIRPERSON
INDEX
|CASE ID |AR20040006742 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |2005/06/14 |
|TYPE OF DISCHARGE |HD |
|DATE OF DISCHARGE |1977/08/03 |
|DISCHARGE AUTHORITY |AR 635-200 |
|DISCHARGE REASON |EDP |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. 1021 |100.0000 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
-----------------------
[pic]
ARMY | DRB | CY2005 | 20050013268
During its original review of the applicant's case, the Board found that the applicant was properly credited with all the military service, both active and inactive, that he had completed, and as a result, there was no error or injustice related to the military service credit he received. The applicant's Personnel Qualification Record (DA Form 2), dated 12 April 1995, shows his Pay Entry Basic Date (PEBD) as 26 September 1973, and his Basic Active Service Date (BASD) as 1 September 1974. ...
ARMY | BCMR | CY2001 | 2001058405C070421
On 3 December 1998, the soldier submitted a DA Form 4187 requesting retirement on 1 September 1999, which reflects that he intended to retire with 22 years of AFS. The opinion further states that the applicant was aware for over 4 months before retirement that he would not have 22 years of AFS at his requested retirement date, and while soldiers are authorized to request change or withdrawal of an approved retirement, there is no evidence that the applicant requested to change or withdraw...
ARMY | BCMR | CY2007 | 20070001959
The evidence of record also shows that this correction resulted in the applicant being credited with 2 additional days of active service based on his active duty training service during the period 23 24 April 1977. Thus, the applicant provides evidence to substantiate his claim that his DD Form 214, with an effective date of 31 December 1991, does not reflect credit for the 2 days of active duty training during the period 23 24 April 1977. However, the applicants DD Form 214, with an...
ARMY | BCMR | CY2002 | 2002078908C070215
Orders Number 286-0003, dated 13 October 1998, issued by U.S. Army Garrison, Fort Belvoir, shows that the applicant was credited with 22 years, 3 months, and 23 days of active military service for retirement purposes and 23 years, 3 months, and 2 days of service for basic pay purposes. Notwithstanding the errors contained in the service dates and periods recorded in both the applicant’s DD Forms 214, the evidence of record confirms that his BASD was 29 May 1976, and that he completed a...
ARMY | BCMR | CY2002 | 2002066530C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 17 December 1976, the applicant’s commander initiated action to separate him from the service under the provisions of Army Regulation 635-200, paragraph 5-37 and the Expeditious Discharge Program (EDP). He also acknowledged that he could only be discharged under the EDP if he agreed to the discharge and that he could withdraw his consent anytime prior to approval by...
ARMY | BCMR | CY2005 | 20050004337C070206
The applicant’s military record indicates that he accepted NJP for being AWOL for 5 days, however, the particulars are missing from his file. There is no indication in the record that the applicant applied for an upgrade of his discharge to the Army Discharge Review Board within its 15 year statute of limitations. Each case is decided on its own merits when an applicant submits an application to the Army Discharge Review Board or this Board requesting a change in discharge.
ARMY | BCMR | CY2011 | 20110004554
The applicant states he was medically retired with 19 years, 9 months, and 1 day of active service. [The applicant retired from active duty on 6 May 1995.] The evidence of record confirms the applicant's adjusted BASD was 6 August 1975 and that he completed 19 years, 9 months, and 1 day of total AD service.
ARMY | BCMR | CY2007 | 20070010937C080407
On 20 August 1976, the Commander, United States Army Health Services Command (HSC), issued the applicant a letter of appreciation indicating that the United States Army Forces Command (FORSCOM) and Department of the Army (DA) Awards Boards completed their review of the recommendations for award submitted on personnel who participated in Operation New Arrivals, and although her services during this operation were extraordinary, the current awards policy regrettably precluded favorable...
ARMY | BCMR | CY2009 | 20090008115
Application for correction of military records (with supporting documents provided, if any). On 23 May 1977, the unit commander notified the applicant of his intent to initiate action to separate him under the provisions of chapter 5, Army Regulation 635-200 (Expeditious Discharge Program (EDP)), with a GD. The DD Form 214 (Report of Separation from Active Duty) issued to the applicant upon discharge on 24 June 1977, shows he was separated under the provisions of paragraph 5-37, Army...
ARMY | BCMR | CY2013 | 20130016290
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 September 1992 to show: a. he entered active duty on 11 June 1971 and b. award of the Korea Defense Service Medal (KDSM). The applicant states: * his basic active service date (BASD) is 11 June 1971, but his DD Form 214 shows he entered active duty on 30 November 1977 * his DD Form 214 shows he has prior service and he never left the service until...