IN THE CASE OF:
BOARD DATE: 23 February 2012
DOCKET NUMBER: AR20110017055
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 12b (Separation Date This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show 19 May 1989 instead of 17 February 1989.
2. The applicant states his actual dates of active duty service were from 5 May 1988 to 19 May 1989. He needs his DD Form 214 corrected to reflect the actual dates of active duty service in order to entitle him to benefits.
3. The applicant provides copies of his DD Form 214 and DA Form 2139 (Military Pay Voucher).
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. The applicant enlisted in the U.S. Army Reserve (USAR) on 28 November 1987. His records show he entered active duty for training on 9 May 1988. The applicant completed basic combat training; however, he did not complete advanced individual training.
3. Headquarters, Walter Reed Army Medical Center, Washington, DC, Orders 30-10, dated 15 February 1989, discharged the applicant from the USAR effective 17 February 1989.
4. The applicant's DD Form 214 which was authenticated by the applicant shows he was honorably discharged by reason of physical disability, existed prior to entry on active duty medical board, effective 17 February 1989 under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), chapter 5. He completed 9 months and 9 days of active military service.
5. The applicant provides a copy of his DA Form 2139. Item 11 (Remarks) contains the annotation "DOS [date of separation]: 17 FEB 89." Item 54 (Paid By) of his DA Form 2139 shows the voucher was paid by the Finance and Accounting Office, Walter Reed Army Medical Center, on "19 MAY 89."
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. Item 12a (Date Entered Active Duty This Period) shows the beginning date of the continuous period of active duty for issuance of the DD Form 214 for which a DD Form 214 was not previously issued. Item 12b shows the Soldier's transition date. This date may not be the contractual date if the Soldier is separated early, voluntarily extends or is extended for make-up of lost time, or retained on active duty for the convenience of the government.
DISCUSSION AND CONCLUSIONS:
The available evidence shows the applicant enlisted in the USAR on 28 November 1987 and he was ultimately discharged on 17 February 1989. There is no evidence in his records and he did not provide any evidence which shows he served on active duty through 19 May 1989. In fact, the military pay voucher provided by the applicant corroborates his date of separation as 17 February 1989 vice 19 May 1989. It appears that his date of discharge is correctly shown on his DD Form 214. Therefore, 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 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) AR20110017055
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ABCMR Record of Proceedings (cont) AR20110017055
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