RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 3 April 2007
DOCKET NUMBER: AR20060012568
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 7 June 1975.
2. The applicant essentially states that he went to the Military Entrance Processing Station (MEPS) on 7 June 1975, but that they didnt have his record of being sworn in on that date. He also states, in effect, that he graduated from high school on 5 June 1975, and that on 7 June 1975, he was at Fort Ord, California.
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 26 September 1975, the date of his discharge from the Regular Army. The application submitted in this case is dated 28 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 applicants failure to timely file.
3. The applicants military records show that he enlisted in the Regular Army on
26 June 1975. However, on 26 September 1975, he was honorably discharged from the Regular Army after experiencing personal problems of a family nature and severe adjustment problems.
4. The applicant states that he entered active duty on 7 June 1975, not 26 June 1975. However, the applicants enlistment contract and DD Form 214 (Report of Separation From Active Duty), both of which he authenticated with his signature, clearly show that he entered active duty on 26 June 1975, not 7 June 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 7 June 1975.
2. While the Board does not doubt the veracity of the applicants claim that he entered active duty on 7 June 1975, evidence of record clearly shows that he entered active duty on 26 June 1975, not 7 June 1975.
3. In order to justify correction of a military record the applicant must, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy that requirement. 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 26 September 1975; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
25 September 1978. 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
AR20060012568
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.
110.0100.0000
2.
3.
4.
5.
6.
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