IN THE CASE OF:
BOARD DATE: 15 October 2009
DOCKET NUMBER: AR20090006299
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 (Certificate of Release or Discharge from Active Duty) be corrected to show 4 years and 6 months.
2. The applicant states he enlisted for 3 years and reenlisted for 1 year and
6 months giving him a total of 4 years and 6 months. He finished his enlistment.
3. The applicant provides no additional documents to support his request.
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 applicants active duty records are, for the most part, no longer contained in his files.
3. The applicants DD Form 214 shows that he served on active duty from 13 February 1986 to 16 July 1990, a period of 4 years, 5 months, and 4 days. He was separated at the expiration of his term of service and transferred to the U.S. Army Reserve (USAR) Control Group.
4. His DD Form 214 for the active duty period shows that he reenlisted on
17 July 1988.
5. He subsequently served in the Army National Guard.
DISCUSSION AND CONCLUSIONS:
1. The applicant states he enlisted for 3 years and reenlisted for 1 year and 6 months giving him a total of 4 years and 6 months. He states that he finished his enlistment.
2. The available evidence of record shows that the applicant had continuous active duty service from 13 February 1986 to 16 July 2000, a period of 4 years, 5 months, and 4 days. He reenlisted during that period. There is no evidence of record and the applicant does not provide any (such as pay records) to show that his DD Form 214 is not correct.
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.
_______ _ X_______ ___
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) AR20090006299
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ABCMR Record of Proceedings (cont) AR20090006299
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