BOARD DATE: 6 January 2011
DOCKET NUMBER: AR20100017468
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 on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. He states he served his full enlistment and was honorably discharged from the service. His DD Form 214 shows his narrative reason for separation as expiration of term of service and it does not show any time lost. He also states he is entitled to be represented as a veteran.
3. He provides a copy of his DD Form 214 in support of his application.
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 Regular Army on 3 January 1986 for a period of two years.
3. Orders 341-176, dated 7 December 1987, released him from active duty on 18 December 1987 and assigned him to the U.S. Army Reserve Control Group (Annual Training) on the following day.
4. In an 18 December 1987 letter, the Commander at the Transition Point, Fort Dix, NJ informed him that he had been separated from the U.S. Army as of 2400 hours of the date of the letter.
5. Item 35 (Record of Assignments) on his DA Form 2-1 (Personnel Qualification Record Part II) shows he was released from active duty on 18 December 1987.
6. His DD Form 214 shows he was honorably released from active duty on 18 December 1987 under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 4 by reason of expiration term of service - Holiday Early Transition Program. He completed 1 year, 11 months, and 16 days of active military service with no days of lost time.
7. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214 and 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. The version in effect at the time directed the separation date would be entered in item 12b.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant enlisted in the Regular Army on 3 January 1986 and was released from active duty on 18 December 1987.
2. His separation orders, dated 7 December 1987, DA Form 2-1, and the 18 December 1987 letter, all confirm he was released from active duty on 18 December 1987.
3. His DD Form 214 shows he was released from active duty on 18 December 1987 at his expiration of term of service under the Holiday Early Transition Program. Therefore, his DD Form 214 is correct as constituted and there is no basis for amending his separation date.
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) AR20100017468
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ABCMR Record of Proceedings (cont) AR20100017468
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