BOARD DATE: 25 June 2015
DOCKET NUMBER: AR20140019049
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 (Report of Separation from Active Duty) to show in item 9d (Effective Date) the date of "27 April 1975" instead of "7 March 1975."
2. The applicant states the dates on his DD Form 214 are wrong. He entered into the service on 11 November 1974 and was discharged on 27 April 1975. He believes this is an administrative error that was made on his DD Form 214. He recently discovered the error when he attempted to get tags for his motor vehicle.
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 the cases 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.
2. The applicant enlisted in the Regular Army (RA), in pay grade E-1, on 11 November 1974, for 3 years. He did not complete advanced individual training for award of a military occupational specialty.
3. On 24 February 1975, the Chaplain, 1st Infantry Training Brigade, Fort Polk, LA, stated the applicant had difficulty adjusting to the military and seemed unable to cope with the requirements of training. The applicant lacked motivation and had personal problems at home. He recommended for the good of the applicant and the Army that the applicant be discharged.
4. On 27 February 1975, the applicant's company commander initiated action to separate the applicant under the provisions of Department of Army (DA) Message DTG-011510Z, dated August 1973, Subject: Evaluation and Discharge of Enlistees Before 180 Active Duty Days. The company commander stated the reason for the proposed action was that the applicant was immature mentally and unable to cope with the rigors of military life.
5. On 27 February 1975, the applicant acknowledged receipt of the proposed separation. He waived his right to counsel and elected not to submit a statement in his own behalf.
6. On 3 March 1975, the separation authority approved the applicants discharge and directed the issuance of an Honorable Discharge Certificate.
7. Special Orders (SO) Number 065, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Polk, LA on 6 March 1975, honorably discharged him under the authority of Army Regulation 635-200 (Personnel Separations Enlisted Separations) and DA Message 011510Z, with an effective date of 7 March 1975.
8. Accordingly, he was honorably discharged on 7 March 1975. He was credited with completing 3 months and 27 days of active service. His DD Form 214 lists in:
* Item 9d 7 March 1975
* Item 15 11 November 1974
9. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established the standardized policy for the preparation of the DD Form 214. It stated the DD Form 214 is a summary of a Soldiers most recent period of continuous active duty. It provided a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The regulation stated:
* Item 11d would list the effective date of separation
* Item 15 would list the beginning date entered on active duty for the period covered by the DD Form 214
DISCUSSION AND CONCLUSIONS:
1. The evidence of record verifies the applicant enlisted in the RA on 11 November 1974. This date is currently listed on his DD Form 214. As result, no correction is required.
2. SO were issued discharging him under the authority of Army Regulation 635-200 and DA Message 011510Z, with an effective date of 7 March 1975. The separation authority approved his discharge and he was discharged accordingly. He was issued a DD Form 214 reflecting this date.
3. There is no evidence of record and he provided none showing he continued serving on active duty after 7 March through 27 April 1975. By regulation, item 11d of the DD Form 214 would list the effective date of separation. Therefore, there is insufficient evidence to support granting him 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 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) AR20140019049
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ABCMR Record of Proceedings (cont) AR20140019049
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