BOARD DATE: 12 December 2013
DOCKET NUMBER: AR20130004397
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 (Armed Forces of the United States Report of Transfer or Discharge) to show 18 February 1973 instead of 18 February 1972.
2. The applicant states:
* the discharge date shown on his DD Form 214 is incorrect
* the correct discharge date is 18 February 1973
* he was in the stockade with a "chapter 10" and he was released on his mother's birthday, which is 18 February 1973
3. The applicant provides no additional evidence.
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 was inducted into the Army of the United States on 16 July 1970.
3. Discharge orders, dated 17 February 1972, show his effective date of discharge as 18 February 1972.
4. On 18 February 1972, he was discharged for the good of the service under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 10.
5. Item 11d (Effective Date) of his DD Form 214 shows the entry "18 FEB 72 [18 February 1972]."
6. There is no evidence of record which shows he was discharged on 18 February 1973.
DISCUSSION AND CONCLUSIONS:
Although the applicant contends his discharge date was 18 February 1973, his discharge orders show he was discharged on 18 February 1972 which is properly reflected in item 11d of his DD Form 214. Therefore, there is insufficient evidence on which to amend item 11d of his DD Form 214.
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) AR20130004397
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130004397
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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