IN THE CASE OF:	  

		BOARD DATE:  10 September 2013

		DOCKET NUMBER:  AR20130002028 


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 (Report of Separation from Active Duty) to show:

* his date of birth (DOB) as 30 October 1956
* his total active service as 2 years
* his general education degree (GED)
* 5 or 6 days of lost time in lieu of 16 days

2.  The applicant states:

* he believes his DD Form 214 is in error due to a misprint and he needs it corrected so he can file for medical benefits
* he is unable to locate his GED; however, he completed his GED while stationed at Fort Polk, LA
* he should have accrued only 5 or 6 days of lost time because all of the flights were grounded at the Tri City Airport in Freeland, MI, due to excessive wind

3.  The applicant provides:

* self-authored statement
* DD Form 214
* birth certificate



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's records contain a DD Form 398 (Statement of Personal History), dated 12 August 1974, which shows he listed his DOB as 30 October 1956 during his enlistment processing.  The form is further authenticated by both his and his recruiter's signature.

3.  The applicant's records show he enlisted in the Regular Army on 22 August 1974.

4.  On 21 May 1975 while assigned to Alpha Battery, 2nd Battalion, 83rd Field Artillery, Babenhausen Kaserne, Germany, he accepted nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) for being absent from his organization from on or about 14 April 1975 until on or about 1 May 1975.

5.  Item 21 (Time Lost) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows he was charged with 16 days of lost time from 14 April 1975 through 1 May 1975.

6.  On 2 December 1975, he was honorably discharged under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-37 (Expeditious Discharge Program).  His DD Form 214 contains the following information:

* item 4 (DOB) shows his birth date as 30 October 1955
* item 9d (Effective Date) shows the effective date of his discharge as 2 December 1975
* item 15 (Date Entered Active Duty This Period) shows he entered active duty on 22 August 1974
* item 18c (Total Active Service) shows he completed 1 year, 2 months, and 23 days of total active service
* item 20 (Highest Education Level Successfully Completed) shows he completed 10 years of schooling for grades 1 through 12
* item 21 (Time Lost) shows he had 16 days of lost time
* item 27 (Remarks) shows he had 16 days of lost time from 14 April 1975 through 1 May 1975

7.  The applicant provides no evidence nor do his records contain any evidence to support his contention that he successfully completed and received his GED while stationed at Fort Polk, LA.

8.  The applicant provides a copy of his birth certificate which shows his DOB as 30 October 1956.

9.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation states 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant's DOB was recorded both correctly and incorrectly in his records.  However, the available documents make it clear that he recorded the DOB shown on his birth certificate at the time of his recruitment.  Therefore, his DD Form 214 should be corrected to show his DOB as it is listed on his birth certificate.

2.  The applicant provides no evidence nor do his records contain any evidence to support his contention that he successfully completed and received his GED while stationed at Fort Polk, LA.  Therefore, there is insufficient evidence to grant this portion of the requested relief.

3.  With regard to the applicant's lost time, the evidence shows he received NJP under the provisions of Article 15 of the UCMJ for being absent from his organization from 14 April 1975 through 1 May 1975.  His DA Form 2-1 confirms that he had 16 days of lost time from 14 April 1975 through 1 May 1975.  The applicant's contention that he should only have 5 or 6 days of lost time because all of the flights were grounded at the airport due to excessive wind is unfounded.

4.  The applicant's records show he enlisted in the Regular Army on 22 August 1974 with no prior active or inactive service.  He was subsequently honorably discharged on 2 December 1975.  The applicant's records contain no evidence and he provided no evidence to corroborate his claim that he served on active duty for 2 years.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ___X__ _  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the current entry from item 4 of his DD Form 214 and replacing it with the entry "56  10  30."

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correction of his total active service, highest education level successfully completed, and amount of time lost.



      _______ _  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)                                         AR20130002028



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ABCMR Record of Proceedings (cont)                                         AR20130002028



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