RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 21 July 2005
DOCKET NUMBER: AR20050000028
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 |
| |Ms. Wanda L. Waller | |Analyst |
The following members, a quorum, were present:
| |Mr. John Infante | |Chairperson |
| |Mr. Robert Osborn | |Member |
| |Ms. Brenda Koch | |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 full separation pay.
2. The applicant states that he did not receive separation pay from his
active duty service in the Army.
3. The applicant provides a copy of his DA Form 2-1 (Personnel
Qualification Record) and his DD Form 214 (Certificate of Release or
Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which
occurred on 31 May 1985. The application submitted in this case is dated
31 May 2004; however, the application was received in this office on 2
November 2005.
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. The applicant enlisted on 9 July 1974 for a period of 2 years. He
served as a wheel vehicle mechanic and was released from active duty on 30
June 1976. He enlisted on 24 January 1978 for a period of 4 years. He
served as a combat telecommunications center operator, reenlisted on 23
October 1981, and was honorably discharged on 31 May 1985.
4. The applicant's DD Form 214 shows that he completed 9 years, 3 months,
and 18 days of creditable active service.
5. The Department of the Army Financial Management Regulation, Volume 7A
states, in pertinent part, that beginning on 20 June 1991, separation pay
was authorized to certain enlisted members who had the prescribed
qualifying service as of 5 November 1990.
DISCUSSION AND CONCLUSIONS:
1. The applicant was separated from active duty before separation pay was
authorized to active duty enlisted members. Therefore, there is no basis
for granting the applicant's request.
2. Records show the applicant should have discovered the alleged error now
under consideration on 31 May 1985; therefore, the time for the applicant
to file a request for correction of any error expired on 30 May 1988. 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
JI______ RO______ BK______ 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 Infante_______
CHAIRPERSON
INDEX
|CASE ID |AR20050000028 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20050721 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. |128.1400 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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