BOARD DATE: 4 May 2011
DOCKET NUMBER: AR20100026658
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was discharged from active duty on 15 August 1985 instead of 1984.
2. The applicant states he has a document showing he was still on active duty in 1985.
3. The applicant provides no additional evidence 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's military records show he enlisted in the Regular Army (RA) on 23 February 1983. He completed the training requirements and he was awarded military occupational specialty 19D (Cavalry Scout).
3. His DD Form 214 shows he was discharged under the provisions of chapter 13, Army Regulation 635-200, on 15 August 1984, due to Unsatisfactory Performance with service characterized as "under honorable conditions." He completed a total of 1 year, 5 months, and 23 days of creditable active service.
4. Headquarters, 5th Infantry Division (Mechanized) Permanent Orders 157-33, dated 15 August 1984, shows he was discharged from the RA effective this date.
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It provides a brief, clear-cut record of active service at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 214 and permanent orders show he was discharged from the RA on 15 August 1984. There is no evidence in the available record and he has provided no evidence to show he served beyond 15 August 1984. As such, there is no basis to change the discharge date on his DD Form 214.
2. In view of the foregoing, there is no basis for granting the applicant's 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) AR20100026658
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ABCMR Record of Proceedings (cont) AR20100026658
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