IN THE CASE OF:
BOARD DATE: 12 April 2011
DOCKET NUMBER: AR20100024911
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 his narrative reason and authority for discharge in item 11c (Reason and Authority) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 15 August 1963, be changed.
2. He makes no statements.
3. He provides a copy of his DD Form 214 and an excerpt from Title 38, U.S. Code, section 503.
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 initially enlisted in the Regular Army on 4 June 1953 and was honorably released from active duty on 1 June 1956. On the following day, he was transferred to the U.S. Army Reserve.
3. He enlisted in the Regular Army on 28 August 1956 and was honorably discharged on 15 August 1960 for immediate reenlistment.
4. He reenlisted on 16 August 1960 for a period of three years and was honorably discharged on 15 August 1963 under the provisions of Army Regulation 635-200 (Personnel Separations) by reason of expiration of term of service.
5. Item 11c on his DD Form 214 for the period ending 15 August 1963 shows a separation program number (SPN) of 201 (expiration of term of service).
6. He reenlisted on 16 August 1963 and continued to serve on active duty until he retired from active duty on 31 August 1973 under Title 10, U.S. Code, section 3914.
7. Army Regulation 635-5 (Separation Documents), dated 13 August 1963 established the standardized policy for preparing and distributing the DD Form 214. In pertinent part, it directed that the regulatory authority and reason for the separation will be entered in item number 11c of the DD Form 214. The narrative reason for separation is based on the governing Army regulation and the SPN as shown in Appendix I of Army Regulation 635-5. The SPN 201 listed in Appendix I of this regulation specifies the narrative reason for discharge is Expiration of Term of Service and that the authority for discharge is Army Regulation 635-200.
DISCUSSION AND CONCLUSIONS:
1. The applicant's administrative separation under the provisions of Army Regulation 635-200 by reason of expiration of term of service was accomplished in compliance with applicable regulations with no indication of procedural errors which would have jeopardized his rights.
2. He was discharged on 15 August 1963 at his expiration of term of service and his DD Form 214 for this period of service reflects the appropriate narrative reason and authority in item 11c.
3. He has failed to show through the evidence submitted or the evidence of record that his narrative reason for separation is in error or unjust. Therefore, there is no basis for granting his 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) AR20100024911
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ABCMR Record of Proceedings (cont) AR20100024911
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