BOARD DATE: 19 January 2012
DOCKET NUMBER: AR20110014645
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 date of entry on his DD Form 214 (Report of Transfer or Discharge).
2. The applicant states he served 11 weeks not the 5 weeks shown in his DD Form 214.
3. The applicant provides a copy of 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 applicant completed a pre-induction physical on 28 October 1971.
3. The applicant's official military personnel file (OMPF) contains the following documents:
a. a DD Form 47 (Record of Induction) that shows he was inducted into the Army of the United States at the Armed Forces Examining and Entrance Station (AFEES), Indianapolis, IN effective 13 July 1972.
b. a U.S. Army Recruiting Command (USAREC) Form 180-R (Acknowledgement of Service Obligation (6-year Acknowledgement)) wherein he acknowledged he had been inducted in the Army of the United States effective
13 July 1972 for a period of 2 years. The applicant signed this acknowledgement.
c. Special Orders Number 138, issued by AFEES, Indianapolis, dated 13 July 1972, that inducted the applicant into the Army of the United States effective
13 July 1972 and assigned him to the U.S. Army Reception Station, Fort Knox, KY.
d. a DA Form 20 (Enlisted Qualification Record) that shows in item 13 (Enlisted, Inducted, Reenlisted, Extended, and/or OAD) he was inducted into the Army of the United States on 13 July 1972 for 2 years with an expiration term of service date (ETS) date of 12 July 1974.
4. A 16 August 1972 Medical Evaluation Board (MEB) found the applicant did not meet the medical fitness standards for induction due to hallucinogenic chemical flashbacks that existed prior to entry on active service. The report notes he had 1 month of total active service.
5. The applicant was subsequently discharged on 21 August 1972 under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel) by reason of not meeting medical fitness standards at time of induction. The DD Form 214 he was issued at the time shows he completed
1 month and 9 days of total active service.
6. Army Regulation 15-185 (Army Board for Correction of Military Records [ABCMR]), states the ABCMR begins its consideration of each case with the presumption of administrative regularity. It will decide cases on the evidence of record and it is not an investigative body. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
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.
2. The record does not contain and the applicant has not provided any evidence that he entered active duty prior to 13 July 1972. Therefore, there is no evidentiary 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) AR20110014645
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