IN THE CASE OF:
BOARD DATE: 4 September 2014
DOCKET NUMBER: AR20140001388
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, the widow of a deceased former service member (FSM), requests correction of her late husband's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he completed at least 90 days of active service.
2. The applicant states:
* the FSM's time in service is incorrect on his DD Form 214
* he is buried in a National cemetery and if he didn't have enough time (at least 90 days) they wouldn't have allowed her to bury him there
* she knows he completed at least 90 days in the service
3. The applicant provides:
* FSM's death certificate
* their marriage license
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 FSM's induction record shows he was inducted into the Army of the United States on 9 February 1970.
3. His discharge orders, dated 27 March 1970, show he was ordered to be honorably discharged on 30 March 1970 for not meeting medical fitness standards at the time of his induction.
4. His DD Form 214 shows in:
* item 10c (Date Inducted) 9 February 1970
* item 11d (Effective Date of discharge) 30 March 1970
* item 22a(1) (Net Service This Period) 1 month and 22 days
5. There is no evidence of record showing the FSM completed more than 1 month and 22 days of creditable active service.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record does not support the applicant's contention the FSM served at least 90 days. The evidence shows he was inducted on 9 February 1970 and he was discharged on 30 March 1970 after completing 1 month and 22 days of creditable active service which is properly shown on his DD Form 214.
2. Since there is no evidence of record and the applicant provided no evidence showing the FSM completed more than 1 month and 22 days of creditable active service, there is insufficient evidence on which to base granting the requested relief.
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) AR20140001388
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140001388
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