IN THE CASE OF:
BOARD DATE: 14 August 2008
DOCKET NUMBER: AR20080008565
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, in effect, that his DD Form 214 (Report of Separation from Active Duty) be corrected to show he was relieved from active duty for training (ADT) for medical reasons and to show his correct dates and amount of service.
2. The applicant states, in effect, that his DD Form 214 does not show the true facts.
3. The applicant provides 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 applicant enlisted in the U. S. Army Reserve (USAR) on 1 June 1973.
3. Headquarters, First United States Army, Fort Meade, MD Orders, dated
7 January 1974, ordered the applicant to ADT with a reporting date to the U. S. Army Reception Station at Fort Ord, CA, of 22 January 1974.
4. The applicants DD Form 214 shows he entered active duty on 22 January 1974.
5. The applicant completed a relief from ADT medical examination on 8 May 1974. In Item 73 (Notes and Significant or Interval History) of the Standard Form 88 (Report of Medical Examination), he noted that he was in good health. He was found qualified for separation.
6. A certificate of training shows the applicant completed AIT in the Field Wireman Course (military occupational specialty 36K) on 9 May 1974.
7. Headquarters, United States Army Training Center, Fort Ord, CA Orders, dated 26 April 1974, relieved the applicant from ADT effective 21 May 1974.
8. The applicants DD Form 214 shows he was relieved from ADT on 21 May 1974 and that he completed 4 months of creditable active service.
DISCUSSION AND CONCLUSIONS:
1. Orders show that the applicant entered ADT on 22 January 1974 and was relieved from ADT on 21 May 1974, the dates shown on his DD Form 214.
2. The evidence of record shows the applicant completed a relief from ADT physical examination on 8 May 1974 and was found qualified for separation. He noted on the Standard Form 88 that he was in good health. There is no evidence of record to show he was separated from ADT for medical reasons.
3. There appears to be insufficient evidence that would warrant granting the relief requested.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__xx____ ___xx___ ___xx___ 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.
______xxxx____________
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) AR20080008565
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ABCMR Record of Proceedings (cont) AR20080008565
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