IN THE CASE OF:
BOARD DATE: 19 July 2011
DOCKET NUMBER: AR20100028549
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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he had 3 months of net service this period.
2. The applicant states he:
* has never asked the Department of Veterans Affairs (VA) for anything in the past 43 years
* is age 66, in dire straits, and needs help
* was the sole support for his mother and sister
* the master sergeant out-processing him told him he would only lose his life insurance policy and nothing else
* would have stayed on active duty an additional 11 days had he been told he would lose his veteran status
3. The applicant provides no additional evidence.
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. He was inducted into the Army of the United States on 24 May 1966. There is no evidence that shows he completed the training requirements for award of a military occupational specialty.
3. On 12 July 1966, the applicant submitted an application for separation due to hardship or dependency. In his application he stated, in effect:
* his family depended on him for financial assistance
* he contributed more money to the family than his mother earned
* his father was incarcerated and he was left to care for his mother and sister
* his mother had a breakdown and was no longer able to work
* doctor bills and legal bills mounted up and his mother was forced to move
4. The appropriate authority approved the applicant's request for a hardship discharge on 1 August 1966. He was released from active duty (REFRAD) on 12 August 1966, under the provisions of Army Regulation 635-207, due to hardship. The DD Form 214 he was issued shows he was released in a trainee status, and he completed 2 months and 19 days of net service this period.
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. In pertinent part, it states the DD Form 214 is a synopsis of the Soldiers most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of REFRAD, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted.
2. His records show he was inducted into the Army on 24 May 1966 and REFRAD on 12 August 1966.
3. He completed 2 months and 19 days of net service. The fact that he is seeking benefits through the VA is not a sufficient basis for amending his
DD Form 214 to show additional service that he did not complete. The applicant's request should be denied.
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) AR20100028549
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ABCMR Record of Proceedings (cont) AR20100028549
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