IN THE CASE OF:
BOARD DATE: 10 October 2013
DOCKET NUMBER: AR20130003464
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 his separation date as 31 May 1996 instead of 15 April 1996.
2. He states he believes this is a clerical error that needs to be corrected.
3. He provides a DA Form 2339 (Application for Voluntary Retirement).
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 on 20 May 1976 and continued to serve on active duty through a series of reenlistments.
3. On 19 September 1995, he submitted a request for voluntary retirement.
4. He provided a DA Form 2339, dated 19 September 1995, which shows if he had served in the Regular Army from 20 May 1976 to 31 May 1996, he would have completed 20 years and 11 days active Federal service and 2 months and 18 days of inactive service.
5. Orders 276-0006, dated 3 October 1995, published by the Department of the Army, 5th Personnel Service Battalion, Fort Polk, LA, projected he would be released from active duty effective 31 May 1996 and on the date following, placed on the retired list. His service record is void of evidence which indicates these orders were revoked.
6. In a 4 October 1995 memorandum, his request for voluntary retirement was approved, effective 1 June 1996 under the provisions of Army Regulation
635-200 (Personnel Separations Enlisted Personnel), chapter 12 for retirement for length of service.
7. His Medical Evaluation Board and Physical Evaluation Board proceedings are not present in his records.
8. Orders 087-0010, dated 27 March 1996, published by the Department of the Army, 5th Personnel Service Battalion, Fort Polk, LA, released him from assignment and duty effective 15 April 1996 because of physical disability incurred while entitled to basic pay. These orders indicate he was placed on the retired list on 16 April 1996.
9. His DD Form 214 shows he was retired from active duty on 15 April 1996 under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), paragraph 4-24b(1) by reason of disability, permanent. He completed 19 years, 10 months, and 26 days of active military service.
10. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214 and is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the separation date on his DD Form 214 is a clerical error and needs to be corrected; however, the evidence of record does not support his claim.
2. The evidence of record shows the applicant enlisted in the Regular Army on 20 May 1976.
3. He submitted a request for voluntary retirement on 19 September 1995. His request was approved and he was issued retirement orders with a tentative date of release from active duty effective 31 May 1996.
4. However, it appears he was evaluated by the Army Physical Disability Evaluation System and was found unfit for military service due to permanent physical disability. As a result, he was medically retired on 15 April 1996 by reason of physical disability, permanent. At the time of his retirement, he had completed 19 years, 10 months, and 26 days active military service.
5. His retirement orders, dated 27 March 1996, confirm he was separated on 15 April 1996 and placed on the retired list on the next day. Therefore, his DD Form 214 properly reflects he was retired on 15 April 1996 and there is no basis for amending his separation date.
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.
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