IN THE CASE OF:
BOARD DATE: 14 August 2008
DOCKET NUMBER: AR20080010633
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 the date of his entry be changed from March 1994 to March 1990.
2. The applicant states that the date hinders his eligibility for Department of Veterans Affairs benefits. He indicates he received a general discharge on
30 December 1995.
3. The applicant provides no substantiating 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. The applicant's iPERMS (interactive Personnel Electronic Records Management System) record is incomplete. However, it does contain a DD
Form 4 (Enlistment/Reenlistment Document) that shows the applicant enlisted in the United States Army Reserve (USAR) for 8 years on 28 February 1994. On 30 March 1994 he was discharged from the USAR and enlisted in the Regular Army for 4 years. No report of separation document is available.
3. His iPERMS record also contains a DD Form 1966/2 (Record of Military Processing Armed Forces of the United States). Section III, Item 25a contains the statement: Are you now or have ever been in any regular or reserve branch of the Armed Forces or in the Army National Guard or Air National Guard? The applicant responded with his initials in the NO block. He certified this entry in Section IV Certification, Item 28 (Certification of Applicant) with his printed name and signature on 23 February 1994.
4. His iPERMS record further contains a DD Form 398-2 (Department of Defense National Agency Questionnaire). Item 9 (Military Service) states list in chronological order beginning with the most recent period. Include Reserve/National Guard service. The applicant responded with None and certified this entry in Item 15 (Certification by Person Completing Form) with his printed name and signature on 24 February 1994.
DISCUSSION AND CONCLUSIONS:
There is no available evidence to support the applicant's contention that he entered service in March 1990.
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) AR20080010633
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ABCMR Record of Proceedings (cont) AR20080010633
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