IN THE CASE OF:
BOARD DATE: 27 May 2014
DOCKET NUMBER: AR20130016882
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 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show that he entered the Army in 1968 instead of 1969.
2. The applicant states that he remembers going into the Army in 1968 prior to the birth of his son who was born in July 1970.
3. The applicant provides a copy of his DD Form 214.
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 in Detroit, Michigan on 11 August 1969 for a period of 2 years. He was transferred to Fort Knox, Kentucky to undergo his training.
3. On 1 September 1969, he began a series of going absent without leave (AWOL) which lasted until he was apprehended by civil authorities in Detroit on 22 March 1970 and he was returned to military control at Fort Riley, Kansas on
25 March 1970 and charges were preferred against him for the periods AWOL.
4. The applicant submitted a request for discharge under the provisions of chapter 10, Army Regulation 635-200, in lieu of trial by court-martial and his request was approved.
5. Accordingly, he was discharged under other than honorable conditions on
19 June 1970. He had served 3 months and 23 days of active service and had 197 days of lost time due to being AWOL.
6. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that information on the DD Form 214 will be obtained from official documents contained in official records.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he enlisted in 1968 instead of 1969 has been noted and found to lack merit.
2. The evidence of record clearly shows that he enlisted on 11 August 1969 and he has failed to show through the evidence of record or the evidence submitted with his application otherwise.
3. Therefore, in the absence of evidence to show otherwise, there appears to be no 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) AR20130016882
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ABCMR Record of Proceedings (cont) AR20130016882
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