RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 20 March 2007
DOCKET NUMBER: AR20060010189
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.
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 his military records be corrected to show that he entered active duty on 3 January 1975.
2. The applicant essentially states that he knows his date of entry onto active duty. He also states, in effect, that he went on active duty on 3 January 1975.
3. The applicant provides no additional evidence in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which occurred on
3 February 1978, the date of his release from active duty. The application submitted in this case is dated 12 July 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 applicants failure to timely file.
3. The applicant stated that he entered active duty on 3 January 1975. However, the applicants DD Form 4 (Enlistment Contract Armed Forces of the United States) clearly shows that he enlisted in the Regular Army on 5 February 1975. Item 57 (Oath of Enlistment) of this document also clearly shows that the applicant signed this document, and shows that he was administered his oath of enlistment in the Regular Army on 5 February 1975.
4. Armed Forces Examining and Entrance Station, 640 Chapel Street, New Haven, Connecticut Special Order Number 25, dated 5 February 1975, also clearly shows that the applicant entered active duty on 5 February 1975.
5. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. This regulation provides that
the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his military records should be corrected to show that he entered active duty on 3 January 1975.
2. Evidence of record clearly shows that the applicant entered active duty on
5 February 1975, and the applicant failed to provide any evidence which proves that an error exists in his military records by a preponderance of the evidence. In view of the foregoing, there is no basis for granting relief to the applicant in this case.
3. Records show the applicant should have discovered the alleged error or injustice now under consideration on 3 February 1978; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
2 February 1981. 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
__KN ___ ___DH __ ___LD __ 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.
____Kathleen Newman______
CHAIRPERSON
INDEX
CASE ID
AR20060010189
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070320
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
AR 15-185
ISSUES 1.
110.0100.0000
2.
3.
4.
5.
6.
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