IN THE CASE OF:
BOARD DATE: 10 MARCH 2009
DOCKET NUMBER: AR20080015257
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect his date of entry in block 17c was 14 June instead of 19 June 1972 and that his service in block 22 be adjusted accordingly.
2. The applicant states, in effect, that his date of enlistment should be 14 June instead of 19 June 1972 and that his service in block 22 of his DD Form 214 should be adjusted.
3. The applicant provides a copy of his DD Form 214 and a copy of his SF 88 (Report of Medical Examination) dated 14 June 1972.
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 underwent a medical examination at the Armed Forces Entrance Examining Station in Shreveport, Louisiana on 14 June 1972 and was found fit for enlistment.
3. He was born on 25 December 1954 and enlisted with parental consent on 19 June 1972 for a period of 4 years, a cash enlistment bonus and training under the infantry combat arms enlistment option. He was transferred to Fort Polk, Louisiana to undergo basic combat training.
4. On 13 September 1972, he was discharged under honorable conditions under the provisions of Army Regulation 635-212 for unsuitability. He had served 2 months and 25 days of total active service and he was still in a trainee status.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record clearly shows the applicant signed his enlistment contract on 19 June 1972. While he did undergo a medical examination on 14 June 1972, he was not under any contractual obligation at that time.
2. Accordingly, until such time as he actually signed an enlistment contract, he was not being paid by the Army and is not entitled to service credit back to
14 June 1972.
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 this requirement. In view of the foregoing, there is insufficient basis for granting relief to the applicant in this case.
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) AR20080015257
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ABCMR Record of Proceedings (cont) AR20080015257
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