RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 19 April 2007 DOCKET NUMBER: AR20060013086 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Mr. Gerard W. Schwartz Acting Director Ms. Wanda L. Waller Analyst The following members, a quorum, were present: Mr. John Slone Chairperson Mr. David Haasenritter Member Mr. John Heck Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, that his character of service be added to item 13a (Character of Service) on his DD Form 214 (Report of Transfer or Discharge). 2. The applicant states that there is no character of service stated on his DD Form 214. 3. The applicant provides a copy of his DD Form 214. CONSIDERATION OF EVIDENCE: 1. The applicant is requesting correction of an alleged error which occurred on 22 November 1972. The application submitted in this case is dated 1 September 2006. 2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file. 3. The applicant enlisted on 31 January 1969 for a period of 3 years. He trained as a supply clerk. On 22 November 1972, the applicant was discharged under other than honorable conditions under the provisions of Army Regulation 635-200 as a result of a court-martial. He was issued a bad conduct discharge. 4. Item 13a on the applicant’s DD Form 214 is blank. 5. Discharge orders, dated 22 November 1972, show the applicant’s type of discharge was under conditions other than honorable and that he was issued a DD Form 259A (bad conduct discharge). 6. Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214. The regulation in effect at the time provided, in pertinent part, that one of the following entries in capital letters would be entered in item 13a on the DD Form 214: “HONORABLE,” “UNDER HONORABLE CONDITIONS,” “UNDER CONDITIONS OTHER THAN HONORABLE” or “DISHONORABLE.” DISCUSSION AND CONCLUSIONS: 1. Since item 13a is blank on the applicant’s DD Form 214, and based on the applicant’s request, it would be appropriate to add the entry “UNDER CONDITIONS OTHER THAN HONORABLE” in item 13a on his DD Form 214. 2.  Records show the applicant should have discovered the alleged error now under consideration on 22 November 1972; therefore, the time for the applicant to file a request for correction of any error expired on 21 November 1975.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case. BOARD VOTE: JS______ __DH___ __JH____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the entry, “UNDER CONDITIONS OTHER THAN HONORABLE” in item 13a on his DD Form 214. ___John Slone____________ CHAIRPERSON INDEX CASE ID AR20060013086 SUFFIX RECON DATE BOARDED 20070419 TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY DISCHARGE REASON BOARD DECISION GRANT REVIEW AUTHORITY ISSUES 1. 100.0000 2. 3. 4. 5. 6.