IN THE CASE OF:
BOARD DATE: 17 May 2011
DOCKET NUMBER: AR20100027128
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 217A (Honorable Discharge Certificate) to show his discharge date as 3 February 1964 vice 10 February 1961.
2. The applicant states, in effect, he was fully discharged (from the U.S. Army Reserve (USAR)) on 10 February 1961 because of hypertension. He had a right to serve in the USAR for 4 years until it was taken away from him. At the time, he could not prove his hypertension was service-connected because he did not receive his medical records until 47 years later. In 2007, the Department of Veterans Affairs (VA) awarded him compensation for service-connected hypertension. He further states he is a Vietnam era veteran but he cannot be classified as such because he was unjustly discharged on 10 February 1961; therefore, he needs his discharge certificate changed to show he was discharged on 3 February 1964.
3. The applicant provides:
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Self-authored statement
* DD Form 217A
* Three orders
* Two pages of Standard Form (SF) 88 (Report of Medical Examination)
* Six pages of SF 509 (Doctor's Progress Notes)
* SF 600 (Chronological Record of Medical Care)
* DD Form 640 (Nursing Notes)
* Two pages of SF 520 (Electrocardiographic Record)
* Two pages of SF 504 (Clinical Record - History)
* Two pages of SF 502 (Clinical Record - Narrative Summary)
* Two pages of SF 511 (Clinical Record - Temperature, Pulse, Respiration)
* Three doctors' statements, dated 15 June and13 October 1960, and 23 September 2007
* Two VA rating decisions
* VA appeal decision
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 records show he was inducted into the Army of the United States (AUS) on 3 February 1958 and he held military occupational specialty 356.10 (Electrical Device Repairman).
3. On 2 February 1960, he was honorably released and transferred to the USAR Control Group (Annual Training) to complete his remaining Reserve obligation. He completed 2 years of creditable active service. His DD Form 214, item 18 (Terminal Date of Reserve Obligation), shows 2 February 1964.
4. Headquarters, II U.S. Army Corps Special Orders Number 20, dated 10 February 1961, show he was discharged from the USAR effective 10 February 1961. His record is void of the specific facts and circumstances surrounding his discharge action.
5. The applicant provides a DD Form 217A that shows he was honorably discharged from the AUS on 10 February 1961.
DISCUSSION AND CONCLUSIONS:
1. The applicant was honorably released from active duty from the AUS on
2 February 1960, and he was honorably discharged from the USAR on 10 February 1961. Accordingly, he was issued an Honorable Discharge Certificate showing this date as his date of discharge as 10 February 1961. In the absence of evidence to the contrary, it is presumed that there were valid reasons to discharge him in 1961. The applicant's VA ruling concerning his service connected disability has no impact on his dates of service. The applicant has provided no evidence to show he was in a USAR status after 10 February 1961.
2. The ABCMR does not change records solely for the purpose of establishing that an applicant is eligible for service that was not performed, and VA benefits, or programs. Every case is individually decided based upon its merits when an applicant requests a records correction.
3. Therefore, there is insufficient basis to grant the applicant's 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) AR20100027128
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ABCMR Record of Proceedings (cont) AR20100027128
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