IN THE CASE OF:	  

		BOARD DATE:  11 March 2014

		DOCKET NUMBER:  AR20130011786 


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 correction of his "Honorable Discharge."

2.  The applicant states the wrong date is entered on his "discharge."

3.  The applicant provides copies of his DD Form 214 (Report of Separation from Active Duty) and his Honorable Discharge Certificate from the U.S. Army Reserve (USAR).

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 USAR for 6 years on 10 February 1976.  He enlisted in the Regular Army on 13 February 1976.

3.  After completing 2 years, 11 months, and 24 days of net active service this period, the applicant was honorably released from active duty (REFRAD) on 12 February 1979.  He was transferred to the USAR Control Group (Reinforcement) to complete his Reserve obligation.

4.  His DD Form 214 shows his effective date of REFRAD was 12 February 1979.  His DD Form 214 also shows his Terminal Date of Reserve Obligation as 9 February 1982.

5.  On 27 January 1982, Orders 01-1004294 were published discharging the applicant from the Ready Reserve, effective 9 February 1982.

6.  The applicant provides a copy of his Honorable Discharge Certificate which shows he was discharged from the USAR on 9 February 1982.

7.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting evidence has been considered.

2.  There is no evidence in the available record, nor has the applicant provided sufficient evidence, supporting his contention that the wrong date was entered on his "discharge."

3.  The available evidence shows he was REFRAD on 12 February 1979 and he was discharged from the USAR on 9 February 1982.  In the absence of evidence to the contrary, it must be presumed that what the Army did in his case was correct.

4.  In view of the foregoing, the applicant's request should be denied.






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)                                         AR20130011786



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ABCMR Record of Proceedings (cont)                                         AR20130011786



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