BOARD DATE:	  18 October 2011

		DOCKET NUMBER:  AR20110006529 


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 214 (Report of Separation from Active Duty) to show the authority and reason for separation.

2.  The applicant states he retired from the Army on 2 January 1979, but the authority and reason was not entered on his DD Form 214.  He adds that this is unjust because it may hurt him in the future.

3.  The applicant provides his DD Form 214 (Copy Number 5).

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.  A search of the National Archives Records Administration, Electronic Military Records System (eMilrecs), failed to produce the applicant's military service records.

3.  A search of the U.S. Army Human Resources Command's, Interactive Personnel Electronic Records Management System (iPERMS) and Integrated Web System (IWS), failed to produce the applicant's military service records.

4.  In support of his application, the applicant provides Copy Number 5 of his DD Form 214 that shows he entered active duty on 11 March 1975 and he was honorably retired on 2 January 1979.  He completed 3 years, 9 months, and
22 days of net active service this period.  It also shows in:

   a.  item 9a (Type of Separation):  Retired;

   b.  item 9b (Station or Installation at Which Effected):  William Beaumont Army Medical Center, El Paso, Texas  79920;

   c.  item 9c (Authority and Reason):  "---" [three (3) dashes]; and

   d.  item 27 (Remarks):  Retained in service 293 days for the convenience of the Government per paragraph 2-7, Army Regulation 635-200.

5.  Army Regulation 635-200 (Personnel Separations - Enlisted Separations),  in effect at the time, sets forth the basic authority for the separation of enlisted personnel.  Chapter 2 (Separation of Enlisted Personnel), paragraph 2-7 (Medical/dental care required or sick in hospital when period of service expires), provides that a member undergoing voluntary release/completion of service obligation or involuntary release/separation from active duty who is sick in hospital, receiving follow-up care immediately following a period of hospitalization, has sustained an acute, grave illness/injury or other deterioration of physical condition rendering the member unfit for further duty, or in need of or undergoing treatment for class 4 or 5 dental defects, may be considered for retention past the established release date when continued hospitalization is required and/or physical disability processing is required.  The request for retention will be submitted to the nearest military commander exercising general courts-martial authority.

6.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed policies and procedures regarding separation documents.  It also established standardized policy for preparing and distributing the DD Form 214.

   a.  Chapter 2, section II (Preparation of DD Form 214), contains item-by-item instructions for completing the DD Form 214.  The instructions for item 9c state do not enter a narrative reason for separation in this item.  Type a dashed line
(---) on all copies furnished the individual and Veterans' Administration (VA). Copies to be filed in the Military Personnel Records Jacket for retention by the Army will show the statutory and/or regulatory authority for separation and the Separation Program Designator code.

   b.  Table 3-1 (Distribution of Copies of DD Form 214) shows for Copy Number 5 that if the individual:

       (1)  is transferred to a VA hospital at time of separation, then forward to the hospital;

       (2)  has applied for compensation, but hospitalization is not required, then forward to the VA Regional Office having jurisdiction; and

       (3)  for all other members, deliver or mail to member with Copy Number 1.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the authority and reason for separation should be shown on his DD Form 214 (Copy Number 5).

2.  The authority and reason for the applicant's honorable separation (retirement) from active duty cannot be determined from the available records.  However, the entry in item 27 of the applicant's DD Form 214 indicates medical care was required at the time his obligated period of active duty service expired and that he was subsequently retired from active duty.

3.  The evidence of record shows the correct entry (i.e., a dashed line) was typed on Copy Number 5 of the applicant's DD Form 214 in accordance with the guidance in the governing regulation.  

4.  Therefore, there is no basis for granting 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)                                         AR20110006529



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ABCMR Record of Proceedings (cont)                                         AR20110006529



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