IN THE CASE OF:
BOARD DATE: 13 December 2012
DOCKET NUMBER: AR20120009239
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 item 13a (Character of Service) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 11 December 1971 be corrected to show the entry "Honorable" instead of "NA" (Not Applicable).
2. The applicant states:
* His original discharge document from 11 December 1971 reflects an honorable discharge but he later received a DD Form 214 from St. Louis which shows this character of service as "NA"
* An inaccurate record of this discharge will affect his benefits
3. The applicant provides DD Forms 214 for the periods ending 11 December 1971 and 9 June 1972.
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 was inducted into the Army of the United States on 5 May 1971.
3. Department of the Army (DA) Message DAAG-PSS-S 071240Z dated December 1971 states:
a. his release from custody and control of the Army is directed under the provisions of Army Regulation 635-200, paragraph 5-12, separation program number (SPN) 316 (release for lack of jurisdiction).
b. DD Form 214 will be issued and item 13a will reflect "NA."
4. On 11 December 1971, he was released from the custody and control of the Army.
5. Item 13a of his DD Form 214 for the period ending 11 December 1971 shows the entry "NA."
6. The available records do not contain a DD Form 214 for the period ending
11 December 1971 which shows his character of service was honorable.
7. He provided a DD Form 214 for the period ending 9 June 1972 which shows:
a. he was inducted on 5 May 1971.
b. he was released from military control on 9 June 1972 under the provisions of Army Regulation 635-200, paragraph 5-5, SPN 219 (erroneous induction).
c. item 13a shows the entry "HONORABLE."
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his original discharge document from 11 December 1971 reflects an honorable discharge but he later received a DD Form 214 which shows this character of service as "NA." However, the available records do not contain a DD Form 214 for the period ending 11 December 1971 which shows his character of service was honorable. The DD Form 214 for the period ending 11 December 1971 provided by the applicant shows the entry "NA" in item 13a.
2. Evidence shows the applicant was released from custody and control of the Army on 11 December 1971 for lack of jurisdiction and the 1971 DA Message directed that item 13a of his DD Form 214 reflect "NA." Per this message, the entry "NA" is properly reflected in item 13a of his DD Form 214 for the period ending 11 December 1971. Therefore, there is no basis for amending item 13a of this DD Form 214.
3. Based on the DD Form 214 for the period ending 9 June 1972, it appears he was inducted on an unknown date after 11 December 1971 and was subsequently released from military control on 9 June 1972 for erroneous induction. This DD Form 214 shows his character of service for this period of service was honorable.
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) AR20120009239
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20120009239
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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