RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 14 NOVEMBER 2006
DOCKET NUMBER: AR20060003795
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. Rene' R. Parker | |Analyst |
The following members, a quorum, were present:
| |Mr. Curtis Greenway | |Chairperson |
| |Mr. Thomas Ray | |Member |
| |Ms. Peguine Taylor | |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 item 12a (date entered AD
[active duty] this period) on his 1989 separation document be corrected to
reflect 23 July 1985 vice 23 July 1988.
2. The applicant states the error is clearly typographical and is
precluding him from buying back his military service as part of his civil
service retirement.
3. The applicant provides a copy of his 1989 separation document.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice
which occurred on 19 July 1989. The application submitted in this case is
dated
3 March 2006.
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. Records available to the Board confirm the applicant enlisted in the
Regular Army for a period of 4 years on 23 July 1985 and served
continuously until he was released from active duty on 19 July 1989. His
1989 separation document reflects a total of 3 years, 11 months, and 27
days of active Federal service, although item 12a indicates he entered
active duty on 23 July 1988.
4. His enlistment date in the Regular Army is confirmed in his enlistment
documents and on the order releasing him from active duty in 1989.
DISCUSSION AND CONCLUSIONS:
1. The evidence available to the Board confirms the applicant did enter
active duty on 23 July 1985 and not 23 July 1988 as his 1989 separation
document indicates. It is apparent that a typographical error was made in
the preparation of his 1989 separation document and as such it would be
appropriate, and in the interest of justice to correct item 12a on his 1989
separation document to reflect 23 July 1985 vice 23 July 1988.
2. Records show the applicant should have discovered the alleged error or
injustice now under consideration on 19 July 1989; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
18 July 1992. The applicant did not file within the 3-year statute of
limitations; however, based on the available evidence or argument, it would
be in the interest of justice to excuse failure to timely file in this
case.
BOARD VOTE:
___CG __ ___TR __ ___PT __ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file. As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by showing in item 12a on his 1989
separation document that he entered active duty on 23 July 1985 vice 23
July 1988.
_____Curtis Greenway______
CHAIRPERSON
INDEX
|CASE ID |AR20060003795 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20061114 |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |110.00 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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