IN THE CASE OF:
BOARD DATE: 18 September 2008
DOCKET NUMBER: AR20080004181
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 completed 2 years and 17 days of creditable active duty service.
2. The applicant states that he entered active duty on 26 May 1982 and was released on 11 June 1984.
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. On 26 May 1982, the applicant enlisted in the Regular Army for 4 years. He completed his initial training and was awarded military occupational specialty (MOS) 11B (Infantryman).
3. On 6 September 1982, the applicant was assigned for duty as a rifleman with the 2nd Battalion, 39th Infantry Regiment, at Fort Lewis, Washington.
4. On 16 January 1984, the applicant was convicted by special court-martial of wrongful appropriation of a camera. His sentence consisted of reduction to pay grade E-1, forfeiture of $350.00 pay per month for 2 months, and confinement at hard labor for 75 days. He served 60 days in confinement.
5. On 24 May 1984, the applicants commander initiated a recommendation to separate him from the service under the provisions of Army Regulation 635-200, Chapter 13, for unsatisfactory performance.
6. On 29 May 1984, the appropriate authority approved the recommendation and directed that he be issued a General Discharge Certificate.
7. Accordingly, he was discharged under honorable conditions on 11 June 1984. He had completed 1 year, 10 months and 16 days of creditable active service and had 2 months of lost time due to confinement.
8. Item 12 (Record of Service) of the applicants DD Form 214 shows that he entered active duty on 26 May 1982 and was discharged on 11 June 1984. Item 29 (Dates of Time Lost During This Period) of the same DD Form 214 shows that he had lost time from 16 January to 15 March 1984, a period of 2 months.
DISCUSSION AND CONCLUSIONS:
1. The evidence clearly shows that the applicant served on active duty from
26 May 1982 through 11 June 1984 and had 2 months of lost time. Therefore, he accrued 1 year, 10 months, and 16 days of creditable active duty service, as is shown on his DD Form 214.
2. In view of the above, the applicants request should be denied.
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.
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