IN THE CASE OF:
BOARD DATE: 24 June 2008
DOCKET NUMBER: AR20080001024
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (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 that he entered active duty in May 1984.
2. The applicant states that he enlisted in May 1984 and was discharged
20 days short of completing 24 consecutive months. He is seeking medical benefits.
3. The applicant provides no supporting documentation.
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. On 1 June 1984 the applicant enlisted in the United States Army Reserve (USAR) in the Delayed Entry Program (DEP).
3. On 22 August 1984, the applicant was discharged from the DEP and enlisted in the Regular Army for 3 years. He completed his initial training and was awarded military occupational specialty (MOS) 11B (Infantryman).
4. On 11 December 1984, the applicant was assigned for duty as a rifleman with the 1st Battalion, 5th Infantry Regiment at Schofield Barracks, Hawaii. He was subsequently reassigned for duty as an infantryman with the 21st Infantry Regiment.
5. On 1 August 1986, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 14 for misconduct due to the commission of a serious offense. He had attained the rank of private first class, pay grade E-3, and had completed 1 year, 11 months, and 10 days of creditable active duty service. His service was characterized as under honorable conditions.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. It provides, in pertinent part, that Item 12 (Record of Service) will show the dates of entry and separation, the net active service during the current period of service, and the net active and inactive prior service.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record clearly shows that the applicant enlisted in the USAR on 1 June 1984 and subsequently enlisted in the Regular Army on 22 August 1984. He was discharged on 10 November 1986 with 1 year, 11 months, and
10 days of creditable active service.
2. The applicants contention that he enlisted during the month of May 1984 is not substantiated by any evidence of record. He has not provided any such evidence.
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
4. In view of the foregoing, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ___X____ ___X____ 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.
__________X_____________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20070016793
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20080001024
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