RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 23 November 2004
DOCKET NUMBER: AR2004105995
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. Robert J. McGowan | |Analyst |
The following members, a quorum, were present:
| |Mr. Fred Eichorn | |Chairperson |
| |Mr. John T. Meixell | |Member |
| |Mr. Robert J. Osborn, II | |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 Item 17c (Date of Entry) on his DD Form 214
(Armed Forces of the United States Report of Transfer or Discharge) be
corrected.
2. The applicant states that he entered the Army in May 1969, but his DD
Form 214 shows that he entered on September 1971. He adds that this is
preventing him from receiving Department of Veterans Affairs (VA) benefits.
3. The applicant provides a copy of his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice
which occurred on 3 November 1971. The application submitted in this case
is dated 21 March 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 limitation 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. Records show that the applicant was born on 11 September 1952 and, with
no prior service, enlisted in the Oklahoma Army National Guard (OKARNG) for
6 years on 12 August 1971.
4. Special Orders Number 207, State of Oklahoma Military Department, dated
26 August 1971, ordered the applicant to active duty for training at Fort
Knox, Kentucky with a reporting date of not later than 15 September 1971.
5. The applicant reported to active duty for training on 13 September
1971. On 3 November 1971, he was released from active duty and discharged
as a Reserve of the United States Army for failure to meet entrance medical
fitness standards. He was returned to the OKARNG for further disposition.
6. On 20 November 1971, the applicant was discharged from the OKARNG for
failure to meet [fitness] standards.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 214 is correct; there is no error or injustice.
2. The applicant was a member of the OKARNG. Following his enlistment, he
was ordered to active duty for the purpose of completing Basic Combat
Training and Advanced Individual Training. When he reported for active
duty on 13 September 1971, he was determined to be unfit for duty and he
was separated on 3 November 1971.
3. The applicant had no military status in May 1969.
4. Records show the applicant should have discovered the alleged error or
injustice now under consideration on 3 November 1971; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 2 November 1974. However, the applicant did not 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
__fe____ __jtm___ __rjo___ 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.
Fred Eichorn
______________________
CHAIRPERSON
INDEX
|CASE ID |AR2004105995 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20041123 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. |110.0100 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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