IN THE CASE OF:
BOARD DATE: 30 June 2015
DOCKET NUMBER: AR20140020033
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 that he was released from active duty (REFRAD) on 19 April 1981.
2. The applicant states, in effect, that he enlisted on 23 January 1979 and was REFRAD on 14 April 1981; however, his DD Form 214 shows he was REFRAD on 14 April 1980. He also states that he served 2 years, 3 months and 14 days of active service.
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 on 23 January 1979 for a period of 3 years, training as an armor crewman and assignment to Fort Riley, Kansas. He completed his one-station unit training at Fort Knox, Kentucky and was transferred to Fort Riley for his first and only assignment.
3. On 1 April 1980, the applicants commander notified him that he was initiating action to separate him from the service under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), paragraph 5-31h (1) and the Expeditious Discharge Program (EDP). He cited as the basis for his recommendation that nonjudicial punishment had been imposed against the applicant on three occasions during the period 13 July 1979 to 12 March 1980 for failure to repair, being absent without authority (AWOL) for 4 days and disobeying a lawful order. Additionally, he demonstrated a flagrant lack of ability to perform as a Soldier and demonstrated a lack of financial responsibility by writing bad checks.
4. The applicant waived his right to counsel and to submit a statement in his own behalf. He also consented to the discharge on 1 April 1980.
5. The appropriate authority approved the recommendation for discharge on 19 March 1980 and directed that he be REFRAD under honorable conditions.
6. Accordingly, he was REFRAD under honorable conditions on 14 April 1980 under the provisions of Army Regulation 635-200, paragraph 5-31h (1) due to failure to maintain acceptable standards for retention. He had served 1 year, 2 months and 19 days of active service. He was transferred to the U.S. Army Reserve (USAR).Control Group (Annual Training).
7. He was honorably discharged from the USAR on 8 January 1985.
8. A review of his official records failed to show any evidence of the applicant serving on active duty past 14 April 1980.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his served until 19 April 1981 has been noted and found to lack merit.
2. The applicant has failed to show through the evidence submitted with his application and the evidence of record that he served on active duty past his REFRAD date of 14 April 1980.
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) AR20140020033
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ABCMR Record of Proceedings (cont) AR20140020033
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