IN THE CASE OF:
BOARD DATE: 6 November 2008
DOCKET NUMBER: AR20080013179
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 the entry, "Excess leave of 8 days from 24 Nov 67 Thru 1 Dec 67," be deleted from item 30 (Remarks) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states that during his discharge process a personnel clerk counted 30 days of convalescent leave against his regular leave. A warrant officer corrected his discharge pay, but the DD Form 214 was not corrected. The 8-day period has a direct impact on his current Federal leave and retirement computation.
3. The applicant provides no additional evidence, but he states his pay records should bear this out.
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 was inducted into the Army on 6 January 1966.
3. A DA Form 8-275-2 (Clinical Record Cover Sheet) shows the applicant was on convalescent leave for 14 days, from 22 September 1967 to 6 October 1967.
4. The applicant was honorably released from active duty on 15 December 1967. His separation orders show he had minus 8 days of accrued leave. Item 30 of his DD Form 214 shows he was on 8 days of excess leave from 24 November 1967 through 1 December 1967.
5. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention has been considered; however, without his pay records/leave and earnings statements to verify his leave status during the period in question, it must be presumed that the information on his separation orders and DD Form 214 concerning excess leave is correct.
2. The applicant's pay records and/or leave and earnings statements might verify his contention. However, those records/documents are not available to the Board, and he has the burden of proving the error.
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.
________XXX_________________
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) AR20080013179
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ABCMR Record of Proceedings (cont) AR20080013179
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