BOARD DATE: 15 June 2010
DOCKET NUMBER: AR20090020753
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 correction of his discharge date on his DD Form 214 (Certificate of Release or Discharge from Active Duty). The applicant does not specify what date he believes should be his correct date of separation.
2. The applicant states the following:
* He was activated by being put on red alert
* He was relieved from drill and within 4 hours he had a heart attack
* He had to have a pace maker in his chest and was not deployable by
Army standards
3. The applicant provides the following documents in support of his application:
* Orders 67-18, dated 7 April 1992
* DD Form 214 for the period ending 2 April 1987
* Honorable Discharge Certificate, dated 7 April 1992
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 U.S. Army Reserve (USAR) on 31 July 1986.
3. On 4 November 1986, he was ordered to active duty for training (ADT) at Fort Leonard Wood, MO. He was released from ADT on 2 April 1987 and was reassigned to his Reserve unit on the following day.
4. Item 12b (Separation Date This Period) on his DD Form 214 shows the entry 87 04 02.
5. Orders 67-18 published on 7 April 1992 discharged the applicant from the USAR with an effective date of 7 April 1992.
6. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. It directs that the separation date is the Soldiers transition date. This date may not be the contractual date if Soldier is separated early, voluntarily extends, or is extended for make up of lost time, or retained on active duty for the convenience of the Government.
DISCUSSION AND CONCLUSIONS:
1. The applicants statements in regard to his request for correction of his discharge date are noted. However, the evidence of record does not confirm that an error or injustice exists in this case.
2. The evidence of record shows applicant enlisted in the U.S. Army Reserve on 31 July 1986. He was ordered to ADT on 4 November 1986 and was separated on 2 April 1987.
3. The applicant was issued a DD Form 214 which shows he was released from ADT on 2 April 1987.
4. By regulation, the DD Form 214 is a record of active Army service at the time of release from active duty, retirement or discharge and it directs that the separation date is the Soldiers transition date.
5. Therefore, the applicants DD Form 214 properly reflects his separation date as 2 April 1987 and there is no basis on which to grant the applicants request.
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) AR20090020753
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ABCMR Record of Proceedings (cont) AR20090020753
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