IN THE CASE OF:
BOARD DATE: 10 February 2009
DOCKET NUMBER: AR20080016586
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 item 12b (Separation Date This Period) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he was discharged in 1989 instead of 1988.
2. The applicant states that he was discharged at Fort Hood, Texas in November 1989 and his pay records should reflect this.
3. The applicant provides no documentary evidence in support of his application.
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 Regular Army on 12 February 1987 for a period of 3 years. He served as a fire control instrument repairer and was honorably discharged on 23 November 1988 under the provisions of Army Regulation
635-200, chapter 5.
3. The applicants DD Form 214, which was authenticated in his own hand on
23 November 1988, shows the entry, 88 11 23 in item 12b. Item 12c (Net Active Service This Period) shows 1 year, 9 months, and 12 days of service.
4. Headquarters, 2d Armored Division, Fort Hood, Texas, Orders Number
224-57, dated 17 November 1988, show the applicant was discharged on
23 November 1988.
5. The applicants pay records are not in the available records.
6. There is no evidence of record which shows the applicant was discharged on any other date than 23 November 1988.
DISCUSSION AND CONCLUSIONS:
The applicants contention that he was discharged on 23 November 1989 was noted. However, there is no evidence of record, and the applicant provided no evidence, to support this contention. Discharge orders from Fort Hood, Texas show he was discharged on 23 November 1988 and he signed his DD Form 214 on 23 November 1988. Therefore, there is insufficient evidence on which to amend item 12b on his DD Form 214.
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) AR20080016586
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ABCMR Record of Proceedings (cont) AR20080016586
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