RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 14 August 2007
DOCKET NUMBER: AR20070003514
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.
Ms. Catherine C. Mitrano
Director
Mr. Michael L. Engle
Analyst
The following members, a quorum, were present:
Mr. Michael J. Flynn
Chairperson
Mr. Larry W. Racster
Member
Mr. Donald W. Steenfott
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 date of entry on active duty as
24 September 1979.
2. The applicant states that his total prior active service should read 4 years,
3 months, and 2 days; his total prior inactive service should read 4 months and
20 days; and his date entered service should read 24 September 1979.
3. The applicant provides a copy of his DD Form 214 for the period ending
20 August 1985.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice which occurred on 20 August 1985, the date of his last release from active duty for training. The application submitted in this case was received on 12 March 2007.
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 applicantÂ’s failure to timely file.
3. On 25 September 1980, the applicant enlisted in the United States Army Reserve for 6 years beginning in the rank of private, pay grade E1. His contract indicates that he had no previous active or inactive military service.
4. The applicant was ordered to initial active duty for training (IADT) during the period from 3 October 1980 to 7 February 1981 (4 months and 5 days). He completed his initial training and was awarded military occupational specialty 36K1O (Tactical Wire Operation Specialist).
5. The applicant had completed 8 days of inactive service between
25 September and 3 October 1980.
6. On 7 February 1981, the applicant was transferred to the 428th Supply and Service Company, Cleveland, Ohio.
7. Item 12 (Record of Service) of the applicant's DD Form 214 for the period ending 7 February 1981, shows that he entered IADT on 3 October 1980; was released from IADT on 7 February 1981; had completed 4 months and 5 days of IADT; and had completed 8 days of inactive service.
8. On 17 May 1985, the applicant was ordered to active duty for training (ADT) to attend the Telecommunications Center Operator Course. He completed this training and was released from ADT on 20 August 1985. He had completed
3 months and 4 days of creditable active service.
9. The available evidence shows that the applicant completed 4 years,
3 months, and 19 days of inactive service between 7 February 1981 and
17 May 1985.
10. Item 12 (Record of Service) of the applicant's DD Form 214 for the period ending 20 August 1985, shows that he entered ADT on 17 May 1985; was released from ADT on 20 August 1985; had completed 3 months and 4 days of ADT; and had completed 4 years, 3 months, and 2 days of prior inactive service.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Forms 214 show incorrect dates of service is not supported by the available evidence of record. His initial USAR enlistment was on 25 September 1980 as shown on his DD Form 214.
2. There is no evidence of record showing that the applicant served any active duty other than the two periods already recorded on his DD Forms 214.
3. The available evidence of record does not show and the applicant does not provide any supporting documentation to show his entry on active duty dates on his DD Forms 214 are incorrect.
4. In view of the above, the applicant's request should not be granted.
5. Records show the applicant should have discovered the alleged error or injustice now under consideration on 20 August 1985; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
19 August 1988. 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
_ MJF __ _LWR___ __DWS __ 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.
___ Michael J. Flynn ___
CHAIRPERSON
INDEX
CASE ID
AR20070003514
SUFFIX
RECON
DATE BOARDED
20070814
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
110.0100
2.
3.
4.
5.
6.
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