IN THE CASE OF:
BOARD DATE: 20 October 2010
DOCKET NUMBER: AR20100012055
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 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show that he entered active duty on 11 January 1968 and that he was discharged on 5 June 1971.
2. The applicant states that the dates of entry and discharge on his DD Form 214 are incorrect.
3. The applicant provides a copy of his DD Form 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 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 was born on 30 August 1949 and enlisted in the Regular Army in Chicago, Illinois on 1 November 1972 for a period of 3 years, training in the wire maintenance career group and assignment to Europe. His enlistment contract indicates that he had no prior service.
3. He completed his basic training at Fort Polk, Louisiana and his advanced individual training as a wireman at Fort Gordon, Georgia before being transferred to Germany on 3 May 1973.
4. The facts and circumstances surrounding his discharge are not present in the available records because they were loaned to the Department of Veterans Affairs (VA) in Chicago, Illinois in 1975. However, his records contain a duly authenticated DD Form 214 that was signed by the applicant which shows that he was honorably discharged on 18 September 1973 under the provisions of Army Regulation 635-40, due to physical disability with severance pay (10%). He had served 10 months and 18 days of total active service.
5. A review of his official records failed to show any indication of service prior to 1 November 1972 or after 18 September 1973.
DISCUSSION AND CONCLUSIONS:
1. 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.
2. The applicant has failed to show through the evidence submitted with his application and the evidence of record that his date of entry and date of discharge reflected on his DD Form 214 is incorrect.
3. Therefore, in the absence of such evidence there appears to be no basis to grant his request to change the dates on his DD Form 214.
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) AR20100012055
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100012055
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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