RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  3 April 2007
	DOCKET NUMBER:  AR20060012382 


	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 her date of birth (DOB) on her DD Form 214 (Certificate of Release From Active Duty) that was issued at the time of her discharge on 27 March 1990 be corrected to read 1 February 1962.  She also requests, in effect, that her rank shown on her DD Form 214 that was issued at the time of her relief from active duty training (ADT) on 28 May 1987 be changed from private/pay grade E-1 to private first class/pay grade E-3. 

2.  The applicant essentially states that these entries are currently incorrect.   

3.  The applicant provides partially legible copies of both of her DD Forms 214 and a letter, dated 14 July 2006, from the Department of Veterans Affairs in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 
27 March 1990, the date of her discharge from the Regular Army.  The application submitted in this case is dated 22 August 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 stated that that her DOB on her DD Form 214 that was issued at the time of her discharge on 27 March 1990 should be corrected to read 
1 February 1962.  However, both of her DD Forms 214 already show that her DOB was 1 February 1962.

4.  The applicant also requested that her rank shown on her DD Form 214 that was issued at the time of her relief from ADT on 28 May 1987 be changed from private/pay grade E-1 to private first class/pay grade E-3.  However, she was promoted to private first class with a date of rank and effective date of 
18 September 1987, which was after her release from ADT.

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 her DOB on her DD Form 214 that was issued at the time of her discharge on 27 March 1990 should be corrected to read 
1 February 1962.  She also contends that her rank shown on her DD Form 214 that was issued at the time of her relief from ADT on 27 May 1987 should be changed from private/pay grade E-1 to private first class/pay grade E-3. 

2.  As the applicant’s DD Form 214 that was issued at the time of her discharge on 27 March 1990 already shows that her DOB was 1 February 1962, there is no basis for granting relief to this portion of the applicant’s request.

3.  As the applicant was promoted to private first class/pay grade E-3 with a date of rank and effective date of 18 September 1987, which was after her release from ADT on 28 May 1987, there is no basis for changing her rank on her 
DD Form 214 that was issued after her release from ADT.

4.  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.

5.  In view of the foregoing, there is no basis for granting relief to the applicant in this case.

6.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 23 March 1990; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
22 March 1993.  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

___JI ___  ___SP___  ___QS __  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.




_______John Infante________
          CHAIRPERSON




INDEX

CASE ID
AR20060012382
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070403
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.
110.0000.0000
2.
110.0000.0000
3.

4.

5.

6.