IN THE CASE OF:
BOARD DATE: 04 May 2010
DOCKET NUMBER: AR20090018514
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 service computation dates be corrected on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states that his service dates on his DD Form 214 are incorrect because they reflect that he was enlisted for 6 years and 7 months when, in fact, he was enlisted for 14 years. He goes on to state that until this error is corrected he cannot file for his military disability benefits. He also states that he has been having problems with a lot of his paperwork because he and his son have the same name and their social security numbers are somehow crossed.
3. The applicant provides a copy of his driver's license, social security card, and two DD Forms 214.
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 was born on 13 March 1953 and enlisted in the Regular Army on 3 September 1974 for a period of 3 years. He was advanced to the pay grade of E-4 on 3 December 1975.
3. On 8 June 1977, he was honorably discharged for the purpose of immediate reenlistment. He had served 2 years, 9 months, and 6 days of total active service.
4. On 9 June 1977, he reenlisted for a period of 6 years. He was again honorably discharged on 30 July 1981 and reenlisted on 31 July 1981 in the pay grade of E-5 for a period of 6 years and a selective reenlistment bonus. He was promoted to the pay grade of E-6 on 11 December 1981.
5. On 19 February 1986, he was discharged under honorable conditions in the pay grade of E-4 under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 13, for unsatisfactory performance. His DD Form 214 issued at the time of his discharge shows that he had completed 8 years, 8 months, and 11 days of active service during the period covered by his DD Form 214 and that he had completed 2 years, 9 months, and 6 days of prior active service for a total of 11 years, 5 months, and 17 days of active duty service (3 September 1974-19 February 1986).
6. A review of his official records failed to reveal any additional active service that was not documented on his DD Form 214, dated 19 February 1986.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his service is not properly documented on his DD Form 214 has been noted and found to lack merit.
2. The applicant initially enlisted on 3 September 1974 and served continuously until his discharge on 19 February 1986, which equates to 11 years, 5 months, and 17 days of service that is properly reflected in blocks 12c and 12d of his DD Form 214.
3. The applicant has failed to show through the evidence submitted with his application and the evidence of record that his DD Form 214 does not reflect all of his service. Therefore, in the absence of such evidence, there appears to be no basis to grant his request to have additional service added to his records.
4. 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.
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) AR20090018514
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ABCMR Record of Proceedings (cont) AR20090018514
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