RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 6 September 2007
DOCKET NUMBER: AR20070005095
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:
Ms. Linda D. Simmons
Chairperson
Mr. Frank C. Jones II
Member
Ms. Carmen Duncan
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 Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show that he served on active duty from 13 June 1969 to January 1970.
2. The applicant states that he served on active duty for more than 2 months. He also states that the home of record address on his DD Form 214 is incorrect and that the signature at the bottom of the DD Form 214 is not his.
3. The applicant provides a copy of his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants Enlistment Contract-Armed Forces of the United States
(DD Form 4) signed by the applicant on 13 June 1969, shows that he enlisted in the Regular Army for a period of 2 years. Item 41 (Home of Record) of the applicants DD Form 4, shows his address to be the same as indicated on his
DD Form 214. Also, the applicant's signature on his DD Form 4 appears very similar to the signature on his DD Form 214.
3. On 16 June 1969, the applicant signed his DA Form 428 (Application for Identification Card). This signature appears very similar to the signature on the applicants DD Forms 4 and 214.
4. Special Orders Number 195, paragraph 056, Headquarters, United
States Army Training Center, Infantry and Fort Polk, Fort Polk, Louisiana, dated 12 August 1969, directed that the applicant be honorably discharged due to medical reasons. These orders indicated the applicants permanent home address to be the same as shown on his DD Form 4 and DD Form 214. His date of discharge was 15 August 1969.
5. Accordingly, the applicant was honorably discharged on 15 August 1969. His DD Form 214 shows in Item 11d (Effective Date) 15 August 1969. Item16c (Date of Entry) of his DD Form 214 shows 13 June 1969. Item 22 (Statement of Service) of his DD Form 214 shows no other service. His total creditable active duty service is 2 months and 3 days.
6. Army Regulation 635-5 (Separation Documents), provides detailed instructions for completing separation documents, including the DD Form 214. It provides, in pertinent part, that the Soldiers enlistment contract is the source document for determining Home of Record and date of entry into the United States Army.
DISCUSSION AND CONCLUSIONS:
1. The record of evidence clearly shows that the applicant enlisted in the Regular Army on 13 June 1969 and was honorably discharged for medical reasons 2 months and 3 days later.
2. The signatures on the applicant's DD Form 4, DD Form 214, and DA Form 428 are all very similar.
3. The home of record and permanent address of the applicant are the same and are similarly recorded on his DD Form 4, separations orders, and his
DD Form 214.
4. In view of the above, the applicants request should not be granted.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
_LDS ___ __FCJ __ _CD ___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
__ Linda D . Simmons___
CHAIRPERSON
INDEX
CASE ID
AR20070005095
SUFFIX
RECON
DATE BOARDED
20070906
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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