IN THE CASE OF:
BOARD DATE: 25 September 2012
DOCKET NUMBER: AR20120004720
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 (Certificate of Release or Discharge from Active Duty) to show he entered active duty on 4 April 1986 and was discharged on 21 November 1991 due to asthma.
2. The applicant states he attempted to have his DD Form 214 corrected for the first 7 years after his discharge and gave up out of frustration. However, he has now become a Department of Defense civil servant and found out how to accomplish it.
3. The applicant provides copies of his DD Form 214, discharge orders, driver's license, and passport.
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 Regular Army in Phoenix, Arizona, in pay grade E-2 on 4 April 1989 for a period of 4 years and 14 weeks, training as an infantryman, and a cash enlistment bonus. He completed one-station unit training at Fort Benning, Georgia, and was transferred to Fort Drum, New York, on 26 July 1989.
3. On 12 October 1989, an Entrance Physical Standards Board (EPSB) determined the applicant had asthma that was not well controlled by medication and that his condition existed prior to service (EPTS). The EPSB indicated that the applicant experienced marked difficulty on or about 10 June 1989 at Fort Benning and related a history of childhood asthma up to age 12 (which he denied on his entrance exam). The EPSB recommended his discharge as he did not meet enlistment standards. The findings were approved on 30 October 1989 and the applicant concurred with the findings and requested to be discharged without delay.
4. On 21 November 1989, he was honorably discharged in pay grade E-2 under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph 5-11, due to not meeting medical procurement standards.
5. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will reflect information contained in official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicant's administrative discharge was accomplished in accordance with applicable regulations with no procedural violations of any of the applicant's rights. Accordingly, the reason for his discharge was correct and in compliance with regulations in effect at the time and he failed to show otherwise.
2. The applicant's contention that his DD Form 214 should be corrected to show he entered active duty on 4 April 1986 and served until he was discharged on 21 November 1991 has been noted and found to lack merit.
3. The applicant failed to show through the evidence submitted with his application and the evidence of record that he served on active duty for any period other than that which is reflected on his DD Form 214.
4. Therefore, in the absence of such evidence there appears to be no basis to grant his request.
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) AR20120004720
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