IN THE CASE OF:
BOARD DATE: 23 September 2014
DOCKET NUMBER: AR20140002057
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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was separated on 2 August 1990 instead of 1 August 1990.
2. The applicant states, in effect, his discharge date is incorrectly shown on his DD Form 214 as 1 August 1990; however, the contract he signed was through 2 August 1990.
3. The applicant provides no additional documents.
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 (RA) on 2 August 1988. His DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) is not present in his records and is not available for review.
3. Orders 80-69, issued by the 5th Personnel Service Company, Fort Polk, LA, on 25 April 1990, ordered his release from active duty (REFRAD) on 1 August 1990.
4. His DD Form 214 shows he was REFRAD on 1 August 1990 under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 4, at his expiration of term of service. He completed 2 years of active military service.
5. He enlisted in the California Army National Guard (CAARNG) on 2 August 1990 and was discharged on 30 October 1991.
6. Army Regulation 635-5 (Separation Documents) at the time governed 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 his discharge date is incorrectly shown on his DD Form 214 as 1 August 1990.
2. The evidence of record shows he enlisted in the RA on 2 August 1988, was REFRAD (not discharged) on 1 August 1990, and enlisted in the CAARNG on 2 August 1990.
3. His separation orders, dated 25 April 1990, confirm he was REFRAD on 1 August 1990. It appears he signed a 2-year enlistment. 2 August 1988 through 1 August 1990 is 2 years of service. Therefore, his DD Form 214 properly reflects his REFRAD 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.
ABCMR Record of Proceedings (cont) AR20140002057
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