RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 19 April 2007
DOCKET NUMBER: AR20060013086
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.
Mr. Gerard W. Schwartz
Acting Director
Ms. Wanda L. Waller
Analyst
The following members, a quorum, were present:
Mr. John Slone
Chairperson
Mr. David Haasenritter
Member
Mr. John Heck
Member
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 character of service be added to item 13a (Character of Service) on his DD Form 214 (Report of Transfer or Discharge).
2. The applicant states that there is no character of service stated on his DD Form 214.
3. The applicant provides a copy of his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which occurred on 22 November 1972. The application submitted in this case is dated 1 September 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 enlisted on 31 January 1969 for a period of 3 years. He trained as a supply clerk. On 22 November 1972, the applicant was discharged under other than honorable conditions under the provisions of Army Regulation
635-200 as a result of a court-martial. He was issued a bad conduct discharge.
4. Item 13a on the applicants DD Form 214 is blank.
5. Discharge orders, dated 22 November 1972, show the applicants type of discharge was under conditions other than honorable and that he was issued a DD Form 259A (bad conduct discharge).
6. Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214. The regulation in effect at the time provided, in pertinent part, that one of the following entries in capital letters would be entered in item 13a on the DD Form 214: HONORABLE, UNDER HONORABLE CONDITIONS, UNDER CONDITIONS OTHER THAN HONORABLE or DISHONORABLE.
DISCUSSION AND CONCLUSIONS:
1. Since item 13a is blank on the applicants DD Form 214, and based on the applicants request, it would be appropriate to add the entry UNDER CONDITIONS OTHER THAN HONORABLE in item 13a on his DD Form 214.
2. Records show the applicant should have discovered the alleged error now under consideration on 22 November 1972; therefore, the time for the applicant to file a request for correction of any error expired on 21 November 1975. The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.
BOARD VOTE:
JS______ __DH___ __JH____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the entry, UNDER CONDITIONS OTHER THAN HONORABLE in item 13a on his DD Form 214.
___John Slone____________
CHAIRPERSON
INDEX
CASE ID
AR20060013086
SUFFIX
RECON
DATE BOARDED
20070419
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
100.0000
2.
3.
4.
5.
6.
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