RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 30 November 2006
DOCKET NUMBER: AR20060005112
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:
| |Mr. William F. Crain | |Chairperson |
| |Ms. Alice Muellerweiss | |Member |
| |Mr. Donald L. Lewy | |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 induction date listed on
his DD Form 214 (Armed Forces of the United States Report of Transfer or
Discharge) be corrected.
2. The applicant states, in effect, that he was inducted on 8 January
1968.
3. The applicant provides no supporting documents or argument.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which
occurred on 15 December 1970. The application submitted in this case is
dated 29 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. The applicant was inducted and entered active duty on 8 January 1969.
He completed basic training, but was otherwise mostly absent without leave
(AWOL) or in confinement.
4. He was twice convicted by special courts-martial of AWOL offenses.
5. He was separated with a general discharge on 15 December 1970 due to
hardship. He had 11 months and 5 days creditable service and 363 days lost
time.
6. There is no available evidence that the applicant’s induction occurred
on any date other than 8 January 1969.
DISCUSSION AND CONCLUSIONS:
1. The record shows the applicant was inducted on 8 January 1969 and there
is no evidence to the contrary.
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.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__AM___ __DLL___ __WFC__ 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.
_ William F. Crain______
CHAIRPERSON
INDEX
|CASE ID |AR20060005112 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20061230 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. |112.02 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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