IN THE CASE OF:
BOARD DATE: 28 June 2011
DOCKET NUMBER: AR20100028832
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 item 24 (Character of Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected. He also requests a copy of his medical records.
2. The applicant states:
* he was issued a DD Form 214 without showing what type of discharge he received
* he needs his character of service corrected on his DD Form 214 for entitlement to benefits
3. The applicant provides his DD Form 214.
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 enlisted in the Regular Army on 8 October 1980 for a period of 3 years. He completed his training and was awarded military occupational specialty 94B (food service specialist). On 25 March 1982, he was released from custody and control of the Army due to misconduct (fraudulent entry).
3. Item 23 (Type of Separation) of his DD Form 214 shows the entry "RELEASE FROM CUSTODY & CONTROL." Item 24 shows the entry "NA" [Not applicable].
4. Army Regulation 635-5 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. The regulation states an authorized entry for enlisted personnel in item 23 is "Release from custody and control of the Army." The regulation also states the entry "Not applicable" (for release from custody and control of the Army due to void or voided enlistments) is an authorized entry for item 24 of the DD Form 214.
5. The ABCMR is not the custodian of medical records. The applicant may request a copy of his medical records by submitting a request via a letter or the Standard Form (SF) 180 (Request Pertaining to Military Records) to the following address: National Personnel Records Center, ATTN: Army Reference Branch, 9700 Page Avenue, St. Louis, Missouri 63132-5100. The SF 180 can be found at http://www.archives.gov. This portion of his request will not be discussed further in these proceedings.
DISCUSSION AND CONCLUSIONS:
1. He wants his character of service corrected on his DD Form 214.
2. The governing regulation states the entry "NA" will be shown in item 24 of the DD Form 214 for enlisted personnel released from custody and control of the Army. The applicant was released from custody and control of the Army due to misconduct (fraudulent entry). 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) AR20100028832
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ABCMR Record of Proceedings (cont) AR20100028832
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