BOARD DATE: 21 September 2011
DOCKET NUMBER: AR20110005310
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his active duty service performed while completing his basic and advanced individual training.
2. The applicant states that he served 3 months of active duty while completing basic and advanced individual training which is not reflected on his DD Form 214.
3. The applicant provides no additional documents with 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 enlisted in the United States Army Reserve (USAR) on 21 February 1997 for a period of 8 years and training as a combat engineer. He was ordered to active duty training on 22 May 1997 and was transferred to Fort Leonard Wood, Missouri to undergo his one-station unit training (OSUT). He completed his OSUT and was released from active duty on 28 August 1997 after having served 3 months and 7 days of active service. He was returned to his USAR unit in Florida.
3. On 19 December 2000 he enlisted in the Regular Army for a period of 3 years, duty as a combat engineer and assignment to Fort Lewis, Washington.
4. On 29 August 2001 he was discharged under honorable conditions under the provisions of Army Regulation 635-200, paragraph 14-12C, due to misconduct. He had served 8 months and 11 days of active service during this enlistment and his DD Form 214 shows in block 12d. that he had 3 months and 20 days of prior active service.
5. Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that the DD Form 214 will be prepared to reflect information contained in official records in effect at the time the DD Form 214 is prepared.
DISCUSSION AND CONCLUSIONS:
1. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust. The applicant failed to submit evidence that would satisfy this requirement.
2. The applicants prior active service and inactive service appears to be properly reflected on his DD Form 214. Therefore, in the absence of evidence to show otherwise, there appears to be no basis to add any additional service to his DD Form 214.
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.
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