RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 31 May 2007
DOCKET NUMBER: AR20060016431
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. Deyon D. Battle | |Analyst |
The following members, a quorum, were present:
| |Mr. William Crain | |Chairperson |
| |Mr. Donald Lewy | |Member |
| |Mr. Roland Venable | |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 Report of Transfer or Discharge (DD
Form 214) be corrected to show that he served in the Army from 12 December
1960 through 6 February 1963.
2. The applicant states that mistakes were made on his DD Form 214 because
the dates that he served on active duty are different.
3. The applicant provides in support of his application a copy of his DD
Form 214.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice
which occurred on 27 November 1963. The application submitted in this case
is dated 13 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 applicant’s failure to timely file.
3. The applicant was inducted into the Army at Fort Brooke, Puerto Rico,
on 2 October 1963.
4. The applicant had not completed basic training when he was honorably
discharged from the Army on 27 November 1963, under the provisions of Army
Regulation 635-205 and Department of the Army Letter AGTP-A 201.6, for the
convenience of the government. He completed 1 month and 26 days of total
active service.
5. Army Regulation 635-5 serves as the authority for the preparation of
the DD Form 214. It provides, in pertinent part, that the DD Form 214 will
be prepared to reflect an individual's service as it exists on the date of
release from active duty or discharge.
DISCUSSION AND CONCLUSIONS:
1. The dates shown on the applicant's DD Form 214 that reflect the date of
his induction into the Army and that date of his discharge appear to be
correct.
2. The applicant's contentions have been noted. However, they are not
substantiated by the evidence of record. The evidence of record indicates
that he was inducted into the Army on 2 October 1963 and that he was
discharged from the Army on 27 November 1963.
3. 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 this requirement.
4. In view of the foregoing, there is no basis for granting the
applicant's request.
5. Records show the applicant should have discovered the alleged error or
injustice now under consideration on 27 November 1963; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 26 November 1966. 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
__WC___ __DL ___ ___RV __ 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.
____ William Crain__________
CHAIRPERSON
INDEX
|CASE ID |AR20060016431 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20070531 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. 189 |110.0000/DISCHARGE DOCUMENT |
|2. 190 |110.0100/CHANGE IN DATE |
|3. | |
|4. | |
|5. | |
|6. | |
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