IN THE CASE OF:
BOARD DATE: 8 December 2011
DOCKET NUMBER: AR20110012402
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 served 3 years and 8 days vice 3 months and 8 days.
2. The applicant states he served in the Army 3 years and 8 days but his DD Form 214 only shows 3 months and 8 days.
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. The applicants records show he enlisted in the Regular Army (RA) on 7 July 1967. He attended basic training at Fort Polk, LA. He was assigned to the U.S. Army Special Training Company, Fort Polk, LA, on 8 September 1967.
3. Between 8 September and 7 October 1967 he was frequently counseled by members of his chain of command for a lack of motivation, negative attitude towards the military, and being absent without leave (AWOL).
4. On 2 October 1967, he received nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice, for being AWOL from 30 September to 2 October 1967.
5. On 9 October 1967, he was convicted by a summary court-martial of one specification of breaking restriction and one specification of being AWOL from 3 to 4 October 1967. He was sentenced to 30 days in confinement and a forfeiture of $60.00 pay. He was confined at the post stockade, Fort Polk, LA.
6. On 13 October 1967, he underwent a mental heath evaluation. The examining psychiatrist diagnosed him with a passive-aggressive reaction, manifested by stubbornness, procrastination, and exceedingly immature judgment. He stated the applicant had no mental or physical defects that warranted disposition through medical channels and cleared him for any action deemed appropriate by his chain of command, including separation. He also stated the applicant indicated he would go AWOL again and he had poor potential for rehabilitation.
7. On 13 October 1967, he was notified by his immediate commander that discharge action was being initiated against him under the provisions of Army Regulation 635-212 (Personnel Separations Discharge Unfitness and Unsuitability) for unsuitability. The commander stated that since the applicant was assigned to the unit he had been hostile toward the cadre, constantly sought ways to avoid duty and training, and had often stated he disliked the Army and would go AWOL at the first opportunity.
8. On 19 October 1967, he acknowledged he had been advised of the discharge action being initiated against him, the effect on future enlistment in the Army; the possible effects of a general discharge under honorable conditions; and of the procedures and rights that were available to him. He further acknowledged he understood if he were issued an undesirable discharge under conditions other than honorable, he could expect to encounter substantial prejudice in civilian life and he may be ineligible for many or all benefits as a veteran under both Federal and State laws. He waived his right to legal counsel and elected not to submit a statement in his own behalf.
9. On 30 October 1967, the separation authority approved his discharge under the provisions of Army Regulation 635-212 for unsuitability. He directed the issuance of a General Discharge Certificate. On 16 November 1967, he was discharged accordingly.
10. Item 22b (Net Service this Period) of his DD Form 214 shows he completed 3 months and 8 days of creditable active service. This form also shows he had 33 days of lost time due to being AWOL and in confinement.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant enlisted in the RA on 7 July 1967 and he was discharged for unsuitability on 16 November 1967. As his DD Form 214 correctly shows he served 3 months and 8 days; he is not entitled to the 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) AR20110012402
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ABCMR Record of Proceedings (cont) AR20110012402
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