IN THE CASE OF:
BOARD DATE: 28 February 2012
DOCKET NUMBER: AR20110015750
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 28 (Narrative Reason for Separation) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) from "Hardship" to "Dependency."
2. The applicant states he returned from Iraq a couple of months earlier due to his wife's medical condition. He returned on emergency leave and continued his U.S. Army Reserve (USAR) duties. He came back to take care of his wife. The proper term should have been "Dependency."
3. The applicant provides his DD Form 214 for the period ending on 29 March 2006.
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. Having had prior service, the applicant enlisted in the USAR on 20 April 1985. He served through multiple reenlistments in a variety of stateside assignments and he attained the rank/grade of master sergeant/E-8.
3. He was ordered to active duty on 15 May 2005 in support of Operation Iraqi Freedom and he subsequently served in Kuwait/Iraq from 13 August 2005 to 20 January 2006.
4. The facts and circumstances surrounding his release from active duty are not available for review with this case. However, his duly-constituted DD Form 214 shows he was honorably released from active duty on 29 March 2006 under the provisions of paragraph 6-3b of Army Regulation 635-200 (Personnel Separations) by reason of hardship.
5. The case analyst of record contacted the applicant on 30 January 2012 and requested his complete separation packet but the applicant indicated his did not have it.
6. Army Regulation 634-200 provides for the separation of enlisted Soldiers.
a. Paragraph 6-3 states that Soldiers on active duty may be discharged or released because of genuine dependency or hardship. Dependency exists when death or disability of a member of a Soldiers (or spouses) immediate family causes that member to rely upon the Soldier for principal care or support. Hardship exists when in circumstances not involving death or disability of a member of the Soldiers (or spouses) immediate family, separation from the Service will materially affect the care or support of the family by alleviating undue and genuine hardship.
b. Paragraph 6-4 states separation from the service of Soldiers because of dependency will be granted when all the following circumstances exist: conditions have arisen or have been aggravated to an excessive degree since entry on active duty, conditions are not of a temporary nature, every reasonable effort has been made by the Soldier to alleviate the dependency or hardship conditions without success, and separation from active military service of the Soldier is the only readily available means of eliminating or materially alleviating the dependency or hardship conditions.
c. Paragraph 6-6 (Application for Separation) states the Soldier must request, in writing, separation from the Service because of dependency or hardship. Supporting evidence must be provided.
DISCUSSION AND CONCLUSIONS:
1. The facts and circumstances surrounding the applicant's release from active duty are not available for review with this case. However, his duly-constituted DD Form 214 shows he entered active duty on 15 May 2006 and he was released from active duty on 29 March 2006 by reason of hardship.
2. In the absence of evidence to the contrary, it is presumed the narrative reason for his separation is correct and he provides no evidence to show otherwise. Therefore, there is insufficient evidence to grant him 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) AR20110015750
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ABCMR Record of Proceedings (cont) AR20110015750
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