BOARD DATE: 5 November 2013
DOCKET NUMBER: AR20130005036
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show in item 12a. that he entered active duty this period on 9 March 1989 and that his Narrative Reason for Separation in item 28 be changed to Early Release.
2. The applicant states he was under the Armys blanket from 9 March to
17 March 1989 and his DD Form 214 should be corrected to reflect that time. He also states that personnel were being given early releases at the time he was discharged due to down-sizing and he desires his narrative reason for separation to be changed.
3. The applicant provides four pages from his enlistment contract related to G.I. Bill enrollment.
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 U.S. Army Reserve under the delayed entry program on 17 March 1989 for a period of 8 years. On 22 March 1989, he enlisted in the Regular Army and entered active duty for a period of 2 years and training as a medical specialist. He completed his basic training at Fort Knox, Kentucky and his advanced individual training as a medical specialist at Fort Sam Houston, Texas and remained there for his first and only assignment.
3. On 16 November 1989, nonjudicial punishment (NJP) was imposed against him for being derelict in the performance of his duties.
4. On 25 January 1991, NJP was imposed against him for being absent without leave from 7 December 1990 to 14 December 1990 and 27 December 1990 to 10 January 1991 and two counts of failure to go to his place of duty.
5. On 20 February 1991, his commander notified him that he was initiating action to discharge him from the service under the provisions of Army Regulation 635-200, paragraph 14-12b, due to a pattern of misconduct. He cited as the basis for his recommendation the applicants disciplinary record, suspension of check cashing privileges, numerous incidents of failure to go to his place of duty, failure to respond to counseling sessions and his repeated failure to maintain proper conduct and discipline.
6. On 28 February 1991, after consulting with defense counsel, the applicant elected to submit a statement in his own behalf whereas he asserted that while he was aware that he had not displayed the attitude and performance of a good Soldier, he did not want to end his career on a bad note and requested that he be given another chance to prove himself.
7. The applicants chain of command recommended that he be issued a General Discharge Certificate and on 6 March 1991, the appropriate authority approved the recommendation for discharge and directed that he be issued a General Discharge Certificate.
8. Accordingly, he was discharged under honorable conditions on 15 March 1991 under the provisions of Army Regulation 635-200, paragraph 14-12b, due to Misconduct Pattern of Misconduct. He had served 1 year, 10 months, and 27 days of active service and had 34 days of lost time due to AWOL. His
DD Form 214 issued at the time of his discharge shows that he entered active duty on 22 March 1989 and that the Narrative Reason for Separation was Misconduct Pattern of Misconduct.
9. A review of his official records failed to reveal any evidence of the applicant entering active duty prior to 22 March 1989.
10. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. It provides, in pertinent part, that the date entered on active duty as documented in official records will be entered in item 12a of the DD Form 214 and that the Narrative Reason for Separation as determined by the separation authority used in item 25 will be entered in item 28.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions and supporting documents have been noted and appear to lack merit. The applicant has provided no evidence to show that he entered active duty prior to 22 March 1989 or that his narrative reason for separation is incorrect.
2. The evidence of record clearly shows that he enlisted in the Regular Army and entered active duty on 22 March 1989. It also shows that he was discharged due to misconduct pattern of misconduct and he has failed to show that such was not the case.
3. Therefore, in the absence of evidence to show otherwise, there does not appear to be any 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 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) AR20130005036
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130005036
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130001919
The applicant states: * this DD Form 214 shows his active duty entrance date as 27 December 1989 when actually it should show 27 December 1990 * the net active service for this period is 1 year, 1 month, and 18 days, which is properly reflected on his DD Form 214 * his separation date for this period is also correct (14 February 1991) * the record is in error because he went into the Army on 27 December 1989 in hopes of fighting in the Gulf War * he was in basic training in January 1990 as...
ARMY | BCMR | CY2010 | 20100014440
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the date he entered active duty as 19 December 1990 instead of 16 March 1997. The applicant's records show he enlisted in the Louisiana Army National Guard (LAARNG) on 17 March 1989 and was ordered to active duty for training on 2 June 1989. Item 35 (Record of Assignments) of his DA Form 2-1 (Personnel Qualification Record) contains an entry that shows he was ordered to...
ARMY | BCMR | CY2007 | 20070015467
The Enlistment/Reenlistment Documents (DD Form 4/1) on file in the applicants Military Personnel Records confirms the applicant enlisted in the United States Army Reserve (USAR) Delayed Entry Program (DEP) on 31 July 1989. The DD Form 214 he was issued inaccurately shows, in Item 12a (Date Entered AD This Period), as 981026, Item 12b (Separation Date This Period) as 911230, Item 12c inaccurately shows (Net Active Service This Period) as 0 years, 0 months and 0 days. Army Regulation 635-5...
ARMY | BCMR | CY2014 | 20140011433
The applicant requests, in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 12 May 1990, to show in: * Item 4a (Grade, Rate, or Rank) - private first class (PFC) * Item 4b (Pay Grade) - E-3 * Items 12a-e (Record of Service) - Reserve Officers Training Corps (ROTC) service credit * Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbon Awarded or Authorized) - Expert Marksmanship Qualification Badge * Item 14 (Military...
ARMY | BCMR | CY2009 | 20090013165
IN THE CASE OF: BOARD DATE: 28 January 2010 DOCKET NUMBER: AR20090013165 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Item 12a of the DD Form 214 that he was furnished at the time of his discharge shows his date entered on active duty this period as 29 June 1980 and item 12b shows his separation date this period as 7 May 1989. ____________x___________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of...
ARMY | BCMR | CY2009 | 20090014686
The applicant provides, in support of her application, copies of her DD Form 214, DD Form 4 (Enlistment/Reenlistment Document), DA Form 1506 (Statement of Service), orders for initial active duty for training (IADT), memorandum for appointment as an Army Reserve Officers' Training Corps cadet, discharge orders, and her DA Form 2-1 (Personnel Qualification Record - Part II). For item 12a (Date Entered Active Duty (AD) This Period), enter the beginning date of the continuous period of AD for...
ARMY | BCMR | CY2012 | 20120003173
There is no evidence in her records of her dates of service in Southwest Asia. * Item 12a would list the beginning date of the continuous period of active duty for issuance of this DD Form 214, for which a DD Form 214 was not previously issued * Item 12b would list the date of separation 9. There is no evidence in the available record and none was provided by her (such as pay records) to show her actual entry and release dates from active duty and/or her last day of active duty was not on...
ARMY | BCMR | CY2013 | 20130003635
On 21 March 1990, the applicant was discharged accordingly. There is no evidence in the applicant's Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF) and the applicant did not provide any evidence that shows he had a verbal and written contract with his Army recruiter about college credits while in service. The evidence of record shows the applicant was AWOL for 4 months and 3 days.
ARMY | BCMR | CY2008 | 20080007147
The applicant provides the following additional documentary evidence in support of his application: a. DD Form 214, dated 30 November 1991. b. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty (emphasis added) to include attendance at basic and advanced training and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty. The evidence of record shows that the applicant entered active duty on 30...
ARMY | BCMR | CY2013 | 20130006618
A review of the applicant's military personnel records failed to reveal a DD Form 214 showing he was discharged under the provisions of Army Regulation 635-200, paragraph 14-12b. The applicant's DD Form 214 shows he entered active duty on 26 November 1985 and he was discharged under other than honorable conditions on 11 December 1991 under the provisions of Army Regulation 635-200, chapter 10, for the good of the service - in lieu of trial by court-martial. The evidence of record shows the...