RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 7 July 2007
DOCKET NUMBER: AR20060017460
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 |
| |Mrs. Nancy L. Amos | |Analyst |
The following members, a quorum, were present:
| |Ms. Carmen Duncan | |Chairperson |
| |Mr. Michael J. Flynn | |Member |
| |Mr. Jeffrey C. Redmann | |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 that his DD Form 214 (Report of Separation from
Active Duty) be corrected to show he was discharged on 12 September 1979.
2. The applicant states that he served until 1979, and he wants his DD
Form 214 to show that.
3. The applicant provides his DD Form 214 and his honorable discharge
certificate.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which
occurred on 12 September 1979, the date he was discharged from the U. S.
Army Reserve (USAR). The application submitted in this case is dated 6
December 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 applicant’s failure to timely file.
3. The applicant enlisted in the USAR on 17 July 1976. He was ordered to
active duty for training on 3 October 1976 and was relieved from active
duty for training on 10 February 1977. He was issued a DD Form 214
covering for the period 3 October 1976 through 10 February 1977.
4. On or about 21 December 1978, the applicant was recommended for
discharge under the provisions of Army Regulation 135-178, chapter 4,
Expeditious Discharge Program. On 12 September 1979, he was honorably
discharged from the USAR.
5. Army Regulation 635-5 prescribes the separation documents prepared for
Soldiers upon retirement, discharge, or release from active military
service or control of the Army. It establishes standardized policy for the
preparation of the DD Form 214. In pertinent part it states that the DD
Form 214 is a synopsis of the Soldier’s most recent period of continuous
active duty. It provides a brief, clear-cut record of active Army service
at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
1. It is acknowledged that the applicant served in the USAR until he was
honorably discharged on 12 September 1979. However, the DD Form 214 is
only meant to be a synopsis of a Soldier’s most recent period of continuous
active duty; therefore, his DD Form 214 properly covers only the period of
his active duty for training which ended on 10 February 1977.
2. Records show the applicant should have discovered the alleged error or
injustice now under consideration on 12 September 1979; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 11 September 1982. 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
__cd____ __mjf___ __jcr___ 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.
__Jeffrey C. Redmann__
CHAIRPERSON
INDEX
|CASE ID |AR20060017460 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20070607 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY |Mr. Schwartz |
|ISSUES 1. |110.01 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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