RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 8 February 2007
DOCKET NUMBER: AR20060010440
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 was discharged from active duty on 1 March 1968.
2. The applicant essentially states that his military records show the wrong date of discharge, and that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and his Honorable Discharge Certificate show a date 3 days prior to his discharge from active duty date of 1 March 1968.
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 27 February 1968, the date of his discharge from the Regular Army. The application submitted in this case is dated 11 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 applicants records show that he enlisted in the Regular Army on
30 November 1967.
4. On 7 February 1968, the applicants company commander in basic training recommended that he be eliminated from the service under the provisions of Army Regulation 635-212, paragraph 6b, for unsuitability.
5. On 16 February 1968, the proper authority approved the applicants discharge for unsuitability under the provisions of Army Regulation 635-212, and directed that he be issued an Honorable Discharge Certificate.
6. Headquarters, United States Army Training Center (Infantry) and Fort Ord, California Special Orders Number 58, dated 27 February 1968, essentially show that he was discharged on 27 February 1968 under the provisions of Army Regulation 635-212. The DD Form 214 that was issued to the applicant at the time of his discharge, and which was authenticated by the applicants signature, shows that he only completed 2 months and 27 days of active duty, and had
1 day of lost time due to being absent without leave.
7. The applicant provided no evidence, and there is no evidence in his military records which shows that he remained on active duty until 1 March 1968. There is also no evidence which shows that he remained on active duty after
27 February 1968.
8. 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. The 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 was discharged from active duty on 1 March 1968.
2. General orders clearly show that the applicant was discharged for unsuitability on 27 February 1968. The applicants DD Form 214, in which the data contained on that form was authenticated by the applicant with his signature, also clearly shows that he was discharged on 27 February 1968.
3. The applicant failed to provide any evidence which shows that an error or injustice occurred. Absent, such evidence, regularity must be presumed in this case. In view of the foregoing, there is no basis for granting relief to the applicant in this case.
4. Records show the applicant should have discovered the alleged error or injustice now under consideration on 27 February 1968; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
26 February 1971. 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
___JR___ ___DH __ __RG___ 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.
____ Jeffrey Redmann______
CHAIRPERSON
INDEX
CASE ID
AR20060010440
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
Y20070208
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.
ARMY | BCMR | CY2008 | 20080005600
The applicant states, in effect, that his medical records should show he was recommended for an honorable discharge because of post-traumatic stress disorder (PTSD). The applicant alleges that he was suffering from PTSD at the time of his discharge and should have received an honorable or disability discharge instead of being discharged under the provisions of Army Regulation 635-212, for Unsuitability. The applicant has provided insufficient evidence to show that his discharge was unjust...
ARMY | BCMR | CY2001 | 2001053397C070420
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. On 11 June 1968 the...
ARMY | BCMR | CY2009 | 20090003491
The applicant requests that his general discharge of 12 February 1968 be upgraded to an honorable discharge. Accordingly, the applicant was discharged under honorable conditions on 12 February 1968, under the provisions of Army Regulation 635-212, for unsuitability due to a character and behavior disorder. There is no evidence to show that the applicant ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations.
ARMY | BCMR | CY2014 | 20140010757
The evidence of record shows the applicant was diagnosed with a character and behavior disorder by a psychiatrist in November 1968 and the separation authority approved his discharge for unsuitability due to a character and behavior disorder with a general discharge on 26 January 1969. Since these new standards retroactively authorized an honorable discharge in cases where Soldiers diagnosed with a personality disorder were separated for unsuitability, the applicant in this case should...
ARMY | BCMR | CY2014 | 20140020623
On 17 May 1968, he was discharged the provisions of Army Regulation 635-212, paragraph 6(b), for unsuitability due to a character and behavior disorder with a general discharge. There is no evidence in the available records to show that he applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....
ARMY | BCMR | CY2008 | 20080000025
This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. When separation for unsuitability was warranted an honorable or general discharge was issued as determined by the separation authority based upon the individual's entire record. After carefully evaluating the evidence of record in this...
ARMY | BCMR | CY2015 | 20150005395
The applicant requests correction of his military records by showing that his general under honorable conditions characterization of service was upgraded to honorable. There is no evidence that the applicant ever applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations. The applicant contends that his military records should be corrected by showing his general under honorable conditions characterization of service was upgraded to...
ARMY | BCMR | CY2012 | 20120006603
His DD Form 214 shows he was discharged, on 5 August 1969, under the provisions of Army Regulation 635-212 for unsuitability due to character and behavior disorders, assigned the separation program number (SPN) code "264," and a reentry (RE) code of "RE-3B." Unfortunately, his record is void of any medical records, and the applicant has not provided any official documents, recording an incident of sexual assault while he was assigned to Fort Ord, CA; however, his records do contain two...
ARMY | BCMR | CY2005 | 20050000386C070206
The applicant requested consideration by a board of officers and to personally appear before that board. The board recommended the applicant be discharged from the service due to unfitness with issuance of an Undesirable Discharge Certificate. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 3-7, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.
ARMY | BCMR | CY2006 | 20060012351
The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, that his undesirable discharge be upgraded to an honorable discharge. Although the facts and circumstances pertaining to the applicants discharge are not in his military records, his DD Form 214 that was issued on 2 June 1969 clearly shows that he was discharged under the provisions of Army Regulation 635-212 because of his involvement in frequent...