RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 5 June 2007
DOCKET NUMBER: AR20060017246
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. Linda D. Simmons
Chairperson
Mr. Joe R. Schroeder
Member
Mr. Chester A. Damian
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 (DD Form 214) to show his correct dates of military service.
2. The applicant states, in effect, that his DD Form 214 does not show the correct dates of his military service.
3. The applicant provides no additional documentation.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice which occurred on 11 October 1983, the date of his physical disability discharge. The application submitted in this case is dated 27 November 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. On 23 December 1977, the applicant enlisted in the United States Army Reserve (USAR) for 6 years.
4. On 7 February 1978, the applicant enlisted in the Regular Army for 3 years. He had completed 1 month and 15 days of inactive service in the USAR.
5. On 11 May 1979, the applicant reenlisted in the Regular Army for 3 years.
6. On 24 January 1980, the applicant extended his enlistment another 5 months for the purpose of completing an overseas assignment.
7. On 16 July 1982, the applicant reenlisted in the Regular Army for 3 years. He had attained the rank of sergeant, pay grade E5.
8. On 8 September 1983, a Physical Evaluation Board (PEB) convened to consider the applicants medical condition. It found him to be unfit for duty and recommended that he be separated from the service with severance pay.
9. On 16 September 1983, the PEBs recommendation was approved by the proper authority. He was accordingly discharged on 11 October 1983. He had completed 5 years, 8 months, and 5 days of creditable active duty.
10. Item 12 (Record of Service) of the applicants DD Form 214 shows that he entered active duty on 11 May 1979 and was discharged on 11 October 1983. It further indicates that he had 1 month and 14 days of inactive service and 1 year, 3 months, and 4 days of prior active service.
DISCUSSION AND CONCLUSIONS:
1. The record clearly shows that the applicant enlisted in the USAR for 6 years and after 1 month and 15 days enlisted on 7 February 1978, in the Regular Army. He remained on active duty in the Regular Army for 5 years, 8 months, and
5 days. He was discharged on 11 October 1983 with a physical disability. He had no break in his active duty service and was issued only one DD Form 214 for his entire period of service.
2. The data in Item 12 (Record of Service) of the applicants DD Form 214 does not accurately reflect the period of service he actually performed. Therefore, his DD Form 214 should be corrected.
3. Records show the applicant should have discovered the alleged error or injustice now under consideration on 11 October 1983; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
10 October 1986. The applicant did not file within the 3-year statute of limitations; however, based on the available evidence or argument, it would be in the interest of justice to excuse failure to timely file in this case.
BOARD VOTE:
_ LDS __ __JRS __ __CD____ 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, particularly the DD Form 214, of the individual concerned be corrected by:
a. showing in Item 12a (Date Entered AD This Period) 78 02 07;
b. showing in Item 12c (Net Active Service This Period) 05 08 05;
c. showing in Item 12d (Total Prior Active Service) 00 00 00; and
d. showing in Item 12e (Total Prior Inactive Service) 00 01 15.
___ Linda D. Simmons_____
CHAIRPERSON
INDEX
CASE ID
AR20060017246
SUFFIX
RECON
DATE BOARDED
20070605
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
110.0100
2.
3.
4.
5.
6.
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