RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 20 SEPTEMBER 2005
DOCKET NUMBER: AR20050000670
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. James Hise | |Chairperson |
| |Mr. Thomas O’Shaughnessy | |Member |
| |Mr. Patrick McGann | |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 her DD Form 214 (Certificate of
Release or Discharge from Active Duty) be corrected to show that she
enlisted in the Army on 3 March 1979 and was discharged on 27 August 1981,
vice the dates shown.
2. The applicant made no other statement.
3. The applicant provides a copy of her DD Form 214.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice
which occurred on 27 May 1981. The application submitted in this case is
dated 6 January 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 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. On 4 January 1980 the applicant enlisted in the Army Reserve Delayed
Entry Program (DEP) for six years. She signed the enlistment documents (DD
Form 4 series) effecting her enlistment on that date.
4. The applicant was discharged from the Army Reserve DEP upon her
enlistment in the Regular Army for 3 years on 4 March 1980. She signed the
DD Form 4/4 which effected her enlistment on that date.
5. On 4 March 1980 the Armed Forces Examining and Entrance Station
published orders transferring the applicant to Fort Jackson, South
Carolina.
6. The applicant’s Personnel Qualification Record shows that she was in
the DEP from 4 January 1980 to 3 March 1980 and that she enlisted in the
Regular Army on 4 March 1980. The applicant completed basic training, and
thereafter was assigned to Fort Eustis, Virginia.
7. A 14 May 1981 report of mental status evaluation indicated that the
applicant was cleared for any administrative action deemed appropriate.
8. On 26 May 1981 a doctor at Fort Eustis reviewed the applicant’s medical
records, and stated that a medical examination for separation was not
required.
9. The applicant’s DD Form 214 shows that she entered on active duty on
4 March 1980 and was discharged on 27 May 1981 under the provisions
of Army Regulation 635-200, chapter 10. The form indicated,
“Administrative Discharge conduct triable by Court-Martial.” The DD Form
214 shows that her character of service was under other than honorable
conditions. The applicant signed the DD Form 214 attesting to its
accuracy.
10. The copy of the DD Form 214 that the applicant submits with her
request has been altered to delete the words, “conduct triable by Court-
Martial,” and to delete words regarding the character of her service in
order to show her service as honorable.
DISCUSSION AND CONCLUSIONS:
1. The applicant entered on active duty on 4 March 1980 and was discharged
on 27 May 1981 as reflected on her DD Form 214. There is no evidence and
the applicant has not provided any to show otherwise.
3. The applicant’s record of service on her DD Form 214 is accurate. Her
request to correct her DD Form 214 is not warranted.
4. Records show the applicant should have discovered the alleged error or
injustice now under consideration on 27 May 1981; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 26 May 1984. 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
__JH____ __TO ___ ___PM _ 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.
_______James Hise________
CHAIRPERSON
INDEX
|CASE ID |AR20050000670 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20050920 |
|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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