RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 27 OCTOBER 2005
DOCKET NUMBER: AR20050001434
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. Jessie B. Strickland
Analyst
The following members, a quorum, were present:
Mr. Melvin Meyer
Chairperson
Mr. Allen Raub
Member
Ms. Linda 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 that his report of separation (DD Form 214) dated 29 July 1979, be corrected to reflect that he entered active duty on 1 May 1975.
2. The applicant states that his DD Form 214 incorrectly reflects that he entered active duty on 14 November 1975 instead of 1 May 1975.
3. The applicant provides a photocopy of his DD Form 214 dated 29 July 1979.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which occurred on 1 August 1982. The application submitted in this case is dated 20 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 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 applicants failure to timely file.
3. He enlisted in the Oklahoma Army National Guard (OKARNG) on 26 March 1975 for a period of 4 years. He served in the OKARNG until 14 November 1975, when he enlisted in the Regular Army in Oklahoma City, Oklahoma, for a period of 4 years.
4. On 29 July 1979, he was honorably discharged at Fort Polk for the purpose of immediate reenlistment. His DD Form 214 issued at the time of his discharge shows that he entered active duty on 14 November 1975, that he had 4 months and 26 days of prior active service, that he had 1 month and 12 days of prior inactive service and that he had a total of 4 years, 1 month and 12 days of total active service.
5. On 30 July 1979, he reenlisted for a period of 3 years and training as an animal care specialist. He completed his training and remained on active duty until he was honorably discharged in the pay grade of E-4 on 1 August 1982, due to completion of required service. He had served 3 years of his last enlistment and his DD Form 214 issued at the time of his discharge reflects all of his prior service that is reflected on his DD Form 214 dated 29 July 1979.
6. Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that the DD Form 214 will be prepared to reflect all periods of service up until the effective date of separation that is documented in the individuals records.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he entered active duty on 1 May 1975 has been noted and found to be without merit. He initially enlisted in the OKARNG on 26 March 1975. While he may have entered active duty on 1 May 1975 to attend his initial entry training, he was returned to his unit in Oklahoma and was discharged before he enlisted in the Regular Army on 14 November 1975 and entered active duty.
2. Therefore, lacking evidence to show that he entered active duty on 1 May 1975 and remained on active duty until his discharge on 29 July 1979, there appears to be no basis to grant his request.
3. It is also noted that the applicant received service credit for the period he served in the OKARNG prior to his enlistment in the Regular Army and it is properly reflected on his separation documents.
4. 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 applicant has failed to submit evidence that would satisfy this requirement.
5. Records show the applicant should have discovered the alleged error or injustice now under consideration on 1 August 1982; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 31 July 1985. 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
___MM _ ___AR __ ___LS___ 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.
_____Melvin Meyer_________________
CHAIRPERSON
INDEX
CASE ID
AR20050001434
SUFFIX
RECON
DATE BOARDED
20051027
TYPE OF DISCHARGE
(HD)
DATE OF DISCHARGE
19820801
DISCHARGE AUTHORITY
AR 635-200, CH 2
DISCHARGE REASON
ETS
BOARD DECISION
(DENY)
REVIEW AUTHORITY
AR 15-185
ISSUES 1.110.0000
189/CORR 214
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