RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 20 MARCH 2007
DOCKET NUMBER: AR20060012732
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, his military occupational specialty (MOS) be listed as 11X on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states that his DD Form 214 does not list a MOS and without a MOS, he is unable to reenlist in the Army because of age.
3. The applicant does not provide any evidence in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice which occurred on 6 June 1989. The application submitted in this case is dated 23 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 records show he enlisted into the Regular Army on 28 November 1988. He enlisted in career management field 11 (Infantry). The applicant received an Uncharacterized discharge under the provisions of Army Regulation 635-200, chapter 10 on 6 June 1989.
4. Orders 336-354 reassigned the applicant from the Reception Station, Fort Benning, Georgia to Company C, 1st Battalion, 38th Infantry, Fort Benning, Georgia, with a report date of 1 December 1988.
5. Orders 16-1, dated 25 January 1989 awarded the applicant MOS 11C. The effective date was listed as 9 March 1989 or upon completion of MOS training.
6. Department of the Army Form 4187 (Personnel Action) shows that the applicants duty status was changed from present for duty to absent without leave (AWOL) effective 1900 hours on 1 February 1989. He was dropped from the rolls on 3 March 1989.
7. On 6 March 1989 the applicant surrendered to military authorities at Fort Sam Houston, Texas.
8. On 13 April 1989, the applicants request for discharge for the Good of the Service, under the provisions of Army Regulation 635-200 chapter 10, was approved. The discharge was directed as an entry level separation.
9. The applicants DD Form 214, item 11 Primary Specialty Number, Title and Years and Months in Specialty lists the word None.
10. Army Regulation 635-5 (Personnel Separations), in effect at the time, established standardized procedures for preparation and distribution of the DD Form 214. The regulation states, in pertinent part, to enter the MOS codes, titles, years, and months served.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows that the applicant went AWOL on 1 February 1989 and was subsequently dropped from the rolls and chaptered out of the Army prior to completing training and being awarded his MOS of 11C. Therefore, there is no error or injustice and no basis for correction of the applicant's DD Form 214.
2. In order to justify correction of a military record the applicant must show, 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.
3. Records show the applicant should have discovered the alleged error or injustice now under consideration on 6 June 1989; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 5 June 1992. 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
___KA __ __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
AR20060012732
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
ISSUES 1.
110.00
2.
3.
4.
5.
6.
ARMY | BCMR | CY2002 | 2002072743C070403
On 20 August 1997, the OKARNG issued a NGB Form 22 (Report of Separation and Record of Service) honorably discharging the applicant from the OKARNG as a SGT, pay grade E-5, by reason of the individual's request. The investigation further substantiated that: the applicant submitted false information on his application for Army National Guard federal recognition in January 1987 by stating “No” to the question, “Have you ever been arrested or convicted by a civil court of other than minor...
ARMY | BCMR | CY2011 | 20110023806
The MFR is inaccurate as a DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 3 May 1993 was issued upon his honorable release from active duty by reason of expiration of term of service (ETS) and not disciplinary in nature. His DD Form 214 shows he was honorably released from active duty under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 4 (Separation for Expiration of Service Obligation) and assigned...
ARMY | BCMR | CY2008 | 20080014826
Headquarters, United States Army Infantry Center/OSUT, Fort Benning, Georgia, Orders 1-7, dated 2 January 1985, show the applicant was awarded MOS 11H effective 31 January 1985. United States Army Garrison, Fort Huachuca, Arizona, Orders 176-18, dated 9 September 1988, show the applicant was awarded primary MOS 96B2O and secondary MOS 11H2O effective 21 October 1988. The evidence of record shows the applicant completed OSUT and was awarded infantry MOS 11H.
ARMY | BCMR | CY2008 | 20080006595
The applicant requests the issuance of an Honorable Discharge Certificate that shows he is an infantry officer instead of a field artillery officer, and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 30 January 1995, as follows: a. The evidence of record shows that the applicant served as an infantry officer from 4 September 1989 until he was honorably released from active duty on 30 January 1995. The available evidence shows the applicant...
ARMY | BCMR | CY2011 | 20110014204
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * the Combat Infantryman Badge (CIB) * that he served in military occupational specialty (MOS) 11B (Light Weapons Infantryman) * completion of the Off Leash Scout Dog Handler Course 2. The applicant provides a DD Form 214, DA Form 20 (Enlisted Qualification Record), Diploma for the Off Leash Scout Dog Handler Course, final transcript for the On Leash Scout Dog...
ARMY | BCMR | CY2001 | 2001060086C070421
APPLICANT REQUESTS: In effect, that his DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect completion of Basic and Advanced Individual Training in the Military Occupational Specialty (MOS), 11C, Indirect Fire Infantryman. According to information contained in a Developmental Counseling Form, dated 27 March 2000, applicant allegedly graduated from D Company, 1 st Battalion, 50 th Infantry, on 24 November 1999. Review of applicant's records failed to...
ARMY | BCMR | CY2015 | 20150001029
The applicant requests that her general discharge under honorable conditions be upgraded to an honorable discharge. The pressure on her at the time was great, with both parents sick and dying and going home all of the time on emergency leave. On 21 July 1989, she was discharged under the provisions of chapter 10 of Army Regulation 635-200 for the good of the service with a general discharge under honorable conditions.
ARMY | BCMR | CY2006 | 20060013106
The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, that his under other than honorable conditions (UOTHC) discharge be upgraded. On 9 December 1981, the separation authority approved the applicant's request for discharge under the provisions of chapter 10, Army Regulation 635-200, and directed he receive an UOTHC discharge.
ARMY | BCMR | CY2008 | 20080012007
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. According to the documents that the applicant submitted in behalf of his application, he wrote a letter to the United States Army Recruiting Battalion, dated 12 October 1988, contending misrepresentation by a career counselor. The appropriate authority approved his request for discharge and he was discharged accordingly.
ARMY | BCMR | CY2005 | 20050000876C070206
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show all of the schools he attended. 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 to show training for Interior Electrician, Recondo Course, and EIB training. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual...