IN THE CASE OF:
BOARD DATE: 20 September 2011
DOCKET NUMBER: AR20110004352
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 item 12 (Record of Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he completed 2 years and 1 month of service and he separated in March 1983.
2. The applicant states:
* his separation date is incorrect
* he separated in March 1983
* he completed 2 years and 1 month of service
* it was a mathematical error
3. The applicant provides his DD Form 214.
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:
The County of Bergen Division of Veterans Services states the applicant served 2 years, 3 months, and 9 days. The applicant needs his DD Form 214 corrected for pension purposes.
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 applicant's 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 applicant's 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 5 October 1981 for a period of 3 years. He completed training and was awarded military occupational specialty 19D (cavalry scout). He was discharged under honorable conditions for unsatisfactory performance on 2 March 1984 under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 13.
3. His DD Form 214 shows in:
* item 12a "81 10 05" [5 October 1981]
* item 12b "84 03 02" [2 March 1984]
* item 12c (Net Active Service This Period) "02 03 09" [2 years, 3 months, and 9 days]
* item 29 (Dates of Time Lost During This Period) 1 November 1983 to 26 November 1983 [26 days] and 4 January 1984 to 21 February 1984 [49 days]
4. His separation orders, dated 28 February 1984, show his date of release from active duty as 2 March 1984.
5. It appears item 12c of his DD Form 214 is incorrect. His total length of service for the period 5 October 1981 through 2 March 1984 is 2 years, 4 months, and 27 days. However, minus 75 days of lost time equals 2 years, 2 months, and 13 days of creditable service.
6. 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. The regulation states for item 12c, enter the amount of service this period computed by subtracting item 12a from item 12b. Lost time under Title 10, U.S. Code, section 972, will be deducted.
DISCUSSION AND CONCLUSIONS:
1. He contends he completed 2 years and 1 month of service and he separated in March 1983, but the evidence does not support his contentions.
2. His discharge orders show he was released from active duty on 2 March 1984 which is properly shown in item 12b of his DD Form 214. Therefore, there is insufficient evidence with which to amend item 12b of his DD Form 214.
3. Item 12c of his DD Form 214 is, in fact, incorrect. His total length of service for the period 5 October 1981 through 2 March 1984 is 2 years, 2 months, and 13 days of creditable service. However, it has long been an unwritten policy of the Board that an applicant will not be made worse off than when he or she applied to the Board. For this reason, the Board will not take any action to affect the administrative change to correct the length of his service.
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 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) AR20110004352
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110004352
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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