IN THE CASE OF:
BOARD DATE: 6 AUGUST 2009
DOCKET NUMBER: AR20090002043
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 discharge date on an Honorable Discharge Certificate from the U.S. Army Reserve (USAR) be corrected.
2. The applicant states that the 1967 discharge date from the USAR is incorrect.
3. The applicant provides an Honorable Discharge Certificate from the USAR, dated 18 August 1967, 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. Having prior active service in the Regular Army, the applicant enlisted in the USAR on 26 April 1953. He was honorably discharged from the USAR on
17 May 1958 for immediate reenlistment. He reenlisted in the USAR on 18 May 1958 and was honorably discharged from the USAR on 11 September 1961 for immediate reenlistment. He reenlisted in the USAR on 12 September 1961 and was honorably discharged from the USAR on 7 September 1964 for immediate reenlistment. He reenlisted in the USAR on 8 September 1964 and was honorably discharged from the USAR on 18 August 1967 for immediate reenlistment. He reenlisted in the USAR on 19 August 1967 and was honorably discharged from the USAR on 8 August 1970 for immediate reenlistment. He reenlisted in the USAR on 9 August 1970 and was assigned to the USAR Control Group (Retired) effective 23 July 1974.
3. The applicant provided an Honorable Discharge Certificate which shows he was discharged from the USAR on 18 August 1967.
DISCUSSION AND CONCLUSIONS:
Evidence of record shows the applicant was honorably discharged from the USAR on five occasions, one discharge date was on 18 August 1967. Therefore, there is no basis for granting the applicant's request to amend the discharge date on the USAR Honorable Discharge Certificate, dated 18 August 1967.
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.
_______ _ XX_______ ___
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) AR20090002043
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ABCMR Record of Proceedings (cont) AR20090002043
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