RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 12 January 2006
DOCKET NUMBER: AR20050004343
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. W. W. Osborn, Jr. | |Analyst |
The following members, a quorum, were present:
| |Ms. Linda D. Simmons | |Chairperson |
| |Mr. Rodney E. Barber | |Member |
| |Ms. Rea M. Nuppenau | |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 dates of his service and
his unit of assignment be corrected on his DD Form 214 (Report of Transfer
or Discharge).
2. The applicant states, in effect, that he remembers being in C Company
and he thinks he was in service longer than the DD Form 214 indicates.
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 4 December 1972. The application submitted in
this case is dated 15 March 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. The applicant enlisted in the Regular Army for 2 years and entered
active duty on 29 September 1972. His original assignment orders and the
applicant's DA Form 20 (Enlisted Qualification Record) show he was
initially assigned to C Company, 5th Battalion, 2nd Basic Combat Training
Brigade, Fort Dix, New Jersey.
4. The orders sending him to the separation station indicate that he had
been assigned to B Company, 3rd Battalion, 2nd Basic Combat Training
Brigade, Fort Dix, New Jersey. This unit is shown as the Last Duty
Assignment in block 12 of his DD Form 214.
5. He was separated on 4 December 1972 with an honorable discharge due to
failure to meet procurement medical fitness standards. He had 2 months and
6 days of creditable service and no lost time.
6. 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 also allows the
Army Board for Correction of Military Records (ABCMR) to excuse an
applicant’s failure to timely file within the 3-year statute of limitations
if the ABCMR determines that it would be in the interest of justice to do
so. The ABCMR has elected to conduct a substantive review of this case to
determine if it would be in the interest of justice to excuse the
applicant’s failure to timely file.
DISCUSSION AND CONCLUSIONS:
1. Although the applicant believes he was in the service longer, there is
no available evidence and the applicant has not provided evidence to
support his request.
2. 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.
3. Records show the applicant should have discovered the alleged error or
injustice now under consideration on 4 December 1972, therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 3 December 1975. 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 file in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
_
__LDS___ __RMN _ __REB __ 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.
__ Linda D. Simmons_____
CHAIRPERSON
INDEX
|CASE ID |AR20050004343 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20060112 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. |142.00 |
|2. |100.00 |
|3. | |
|4. | |
|5. | |
|6. | |
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