IN THE CASE OF:
BOARD DATE: 18 November 2010
DOCKET NUMBER: AR20100013776
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 separation date from 18 April 1989 to 1 May 1989.
2. The applicant states the day he signed his papers was the same day he was released from active duty and no longer resided on post.
3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty).
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's records show he enlisted in the Regular Army for a period of 3 years on 1 May 1987 and held military occupational specialty 77F (Petroleum Specialist). He was assigned to the 1st Battalion, 14th Aviation Squadron, Fort Carson, CO.
3. On 23 February 1989, his chain of command initiated a bar to reenlistment certificate against him citing various incidents of misconduct. On 21 March 1989, he submitted a DA Form 4187 (Personnel Action) wherein he requested a discharge under the provisions of chapter 16 of Army Regulation 635-200 (Personnel Separations) by reason of an inability to overcome his bar.
4. On 29 March 1989, subsequent to a favorable recommendation by his chain of command, the separation authority approved his discharge. On 11 April 1989, Headquarters, 4th Infantry Division (Mechanized), Fort Carson, CO, published Orders 069000-151 reassigning him to the U.S. Army Transition Point and discharging him effective 18 April 1989.
5. He was honorably discharged on 18 April 1989. The DD Form 214 he was issued shows he completed 1 year, 11 months, and 18 days of creditable active service. Item 12b (Separation Date This Period) shows the entry "89 04 18" [18 April 1989].
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance on the preparation of the DD Form 214 and states that item 12 shows the record of service. Extreme care is used when completing this item since post-service benefits, final pay, retirement credit, and so forth are based on this information. A breakdown of entries in item 12 is as follows: Item 12a (Date Entered Active Duty This Period) shows the date of the first day of the last immediate reenlistment for which a DD Form 214 was not issued. Item 12b shows the Soldier's transition/separation date. Item 12c (Net Active Service This Period) and item 12d (Total Prior Active Service) show all service, less time lost under Title 10, U.S. Code, section 972, and time lost after the expiration of term of service.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant was discharged on 18 April 1989 and that this date is correctly shown on his DD Form 214. There is no evidence in his records and he did not provide any evidence to show this date is in error or that he served on active duty beyond this date. Therefore, he is not entitled to the requested relief.
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) AR20100013776
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ABCMR Record of Proceedings (cont) AR20100013776
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