RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  5 February 2008
	DOCKET NUMBER:  AR20070013411 


	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

Ms. Joyce A.Wright

Analyst

The following members, a quorum, were present:


Mr. Kenneth L. Wright 

Chairperson

Mr. Antonio Uribe

Member

Mr. Ronald Gant

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, in effect, that item 15 (Date Entered Active Duty This Period), of his DD Form 214 (Report of Separation from Active Duty), be corrected to show that he entered active duty on 20 April 1974 (sic 27 April 1974) instead of 18 September 1975.  

2.  The applicant states, in effect, that he was in the military from 27 April 1974 
to 21 January 1976.  He went home for Christmas leave in December 1974; however, his records show he served from 18 September 1975 to 21 January 1976.  He stated that he went AWOL (absent without leave) in January 1975 because of his father’s death in December 1974 and did not return to active duty until 18 September 1975 and was discharged on 21 January 1976.  He adds that his hospital records from Fort Leonard Wood, Missouri, will show that he was in the hospital on 2 December 1974 and was discharged on 9 December 1974.

3.  The applicant provides a copy of his DD Form 214 in support of his request.

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 applicant’s 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 applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the US Army Reserve (USAR) on 27 April 1974, for 6 years, with an established expiration term of service (ETS) of 26 April 1980.  He enlisted for training in military occupational specialty (MOS), 63B, as a Wheel Vehicle Mechanic.  He was promoted to pay grade E-2 on 27 August 1974.  

3.  The applicant was involuntarily ordered to active duty on 18 September 1975. On that same day, he was assigned to the United States Army Reception Station, Fort Leonard Wood, Missouri, for a period of 22 months and 23 days.  However, he failed to report and was placed in an AWOL status.
4.  Item 21 (Time Lost), of his DA Form 2-1 (Personnel Qualification Record), shows that he was AWOL from 18 September 1975 to 23 October 1975 (37 days).  

5.  All the documents containing the facts and circumstances surrounding the applicant's discharge are not present in the available records.  However, the applicant’s DD Form 214 shows that on 21 January 1976, he was discharged in pay grade E-2, under the provisions of DA MSG (Message) DAPE-MPE 011510Z AUG73 (August 1973), for Miscellaneous –General  (Trainee Discharge Program).  He was furnished an honorable discharge.  He had 4 months and 4 days of total active service and 37 days of time lost due to AWOL. 

6.  Item 15, of his DD Form 214, shows the entry "75 09 18" (18 September 1975). 

7.  The applicant's medical records are unavailable for review.

8.  Army Regulation 635-5, in effect now, governs the preparation of the DD Form 214.  Item 15, which pertains to date entered active duty this period, states that the entry will be completed to show the beginning date of the continuous period of active duty for issuance of the present DD Form 214, for which a DD Form 214 was not previously issued.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that he enlisted in the USAR on 27 April 1974 and was involuntarily ordered to active duty on 18 September 1975.  He was placed in an AWOL status on 18 September 1975 and remained so until 23 October 1975.  He was honorably discharged on 21 January 1976.  Item 15, of his DD Form 214, show his correct date of entry on active duty as "18 September 1975."  

2.  The applicant contends, in effect, that he entered active duty on 27 April 1974 instead of 18 September 1975.  He has provided no evidence, and there is none in the available records, to show that his date of entry on active duty is incorrect. Therefore, he is not entitled to correction of item 15, of his DD Form 214, to show the entry "74 04 27" (27 April 1974).  His DD Form 214 is correct as currently constituted.




3.  The applicant alleges that his medical records from Fort Leonard Wood would show that he was in the hospital from 2 to 9 December 1974.  However, his medical records are unavailable for review and he has provided no evidence, and there is none, to show that he was hospitalized during the month of December 1974.

4.  The applicant states that he went home for Christmas leave in December 1974, that he went AWOL in January 1975, and due to his father’s death he did not return to active duty until 18 September 1975.  The available evidence shows that he was involuntarily ordered to active duty on 18 September 1975.  It is likely that he was approved for Christmas leave but fail to return for some unknown reason; however, he has provided no evidence, and there is none, to show that he was approved for Christmas leave.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

_KLW___  __AU____  __RG___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.




______Kenneth L. Wright _
          CHAIRPERSON




INDEX

CASE ID
AR20070013411
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20080205
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19760121
DISCHARGE AUTHORITY
AR 635-200, chap 5. . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
100/144
2.

3.

4.

5.

6.