RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 15 May 2007
DOCKET NUMBER: AR20060016727
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
Mr. Michael L. Engle
Analyst
The following members, a quorum, were present:
Ms. Yolanda Maldonado
Chairperson
Ms. LaVerne M. Douglas
Member
Mr. Gerald J. Purcell
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 correction of his Certificate of Release or Discharge from Active Duty (D Form 214), issued on 31 May 1990, to show his date entered on active duty this period as 13 February 1964.
2. The applicant states, in effect, that he entered active duty in February 1964 and served continually for 26 years and 3 months, retiring on 31 May 1990.
3. The applicant provides copies of his DD Forms 214 for his enlistments from 1968 to 1974 and 1978 to 1990.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice which occurred on 31 May 1990, the date of his retirement. The application submitted in this case is dated 30 October 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 entered the Regular Army on
13 February 1964 and served to 3 December 1968. His DD Form 214 for this period of active duty service is not available for review.
4. On 5 September 1974, the applicant was issued a DD Form 214 documenting his active duty from 4 December 1968 to 5 September 1974. It also documented that he had completed 4 years, 9 months and 21 days of prior active service, making his initial entry on active duty 13 February 1964.
5. The applicants records show that he reenlisted in the Regular Army on
6 September 1974 and served to 21 March 1978. His DD Form 214 for this period of active duty service is not available for review.
6. On 31 May 1990, the applicant was issued a DD Form 214 documenting his active duty from 22 March 1978 to his retirement for length of service on 31 May 1990. It also documented that he had completed 14 years, 1 month and 9 days of prior active service, making his initial entry on active duty 13 February 1964. He had completed a total of 26 years, 3 months and 18 days of creditable active duty.
7. The applicants Personnel Qualification Record, Part I (DA Form 2A), prepared on 9 March 1989, documenting his basic active service date and his pay entry basic date as 13 February 1964.
8. Army Regulation 635-5 (Separation Documents) provides, in pertinent part, for the issue of a DD Form 214 to Soldiers being released or discharged from active duty. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his last DD Form 214 is incorrect because it does not account for his entire period of active duty service is found to be without merit. It clearly shows that he completed 12 years, 2 months and 9 days of active duty during the period of this DD Form 214; and had completed 14 years, 1 month and 9 days of active duty during earlier periods of active service.
2. The applicant served on active duty during four separate and distinct periods of service, with each period documented by its own DD Form 214. There are no regulatory provisions authorizing the combining of his entire active duty service onto a single DD Form 214.
3. In view of the above, the applicant's request should not be granted.
4. Records show the applicant should have discovered the alleged error or injustice now under consideration on 31 May 1990; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
30 May 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
___LMD_ __YM ___ __GJP __ 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.
__ _Yolanda Maldonado___
CHAIRPERSON
INDEX
CASE ID
AR20060016727
SUFFIX
RECON
DATE BOARDED
20070515
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
110.0100.0000
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