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ARMY | BCMR | CY2008 | AR20080019088
Original file (AR20080019088.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  26 MARCH 2009

		DOCKET NUMBER:  AR20080019088 


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 military records be corrected to show that he completed 20 months of creditable active service.

2.  The applicant essentially states that he recently noticed that his DD Form 214 (Certificate of Release or Discharge from Active Duty) only shows that he served on active duty from 6 January 1982 to 17 August 1983.  He contends that it gives him 15 months of creditable service time, when he should have 20 months of creditable service time and his expiration term of service date should be September 1983.

3.  The applicant provides a DA Form 705 (Army Physical Readiness Test Score Card), dated 13 May 1983; a DA Form 3686 (Leave and Earnings Statement), dated 01-31 July 1988; and a letter, dated 6 June 1983, in support of this 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 applicant’s 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 applicant’s 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 DD Form 214 shows that he enlisted in the Regular Army on 6 January 1982.  He completed basic and advanced individual training and was awarded military occupational specialty 95B (Military Police).  He was then assigned to Fort Riley, Kansas, for his only permanent duty assignment.

3.  The applicant’s DA Form 705 shows he took a Physical Fitness Test on 13 May 1983.

4.  The applicant’s DA Form 3686 shows he received pay through 31 July 1983.

5.  The applicant also provides a letter from his platoon leader, dated 6 June 
1983, requesting he be deleted from his assignment to Korea.

6.  Records show that on 17 August 1983 the applicant was honorably released from active duty on a hardship discharge.  He was credited with 1 year,               7 months, and 17 days of creditable service for pay, retirement, and veteran's benefits.

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record (PQR), Enlisted/Officer Record Brief, or any other document authorized for filing in the official military personnel file.

8.  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.  This 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 contends that his DD Form 214 should be corrected to show that he had 20 months of service time.

2.  The evidence of record clearly shows that the applicant only completed 1 year, 7 months, and 17 days of continuous active duty service from 6 January 
1982 to 17 August 1983.  Therefore, his records are correct as currently constituted.

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)                                         AR20080019088



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20080019088



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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