IN THE CASE OF:	  

		BOARD DATE:	  19 June 2014

		DOCKET NUMBER:  AR20130019149 


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 DD Form 214 (Report of Transfer or Discharge) to show he was discharged on 22 September 1967.

2.  The applicant states his DA Form 20 (Enlisted Qualification Record) shows he qualified with the M-14 rifle on 8 September 1967.  This proves he was in the Army in September.  He was discharged a couple of weeks later.

3.  The applicant provides copies of his DD Form 214 and page 1 of his DA Form 20.

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 6 July 1967 and was discharged on 22 August 1967 due to a pre-existing medical condition after completing 1 month and 17 days (a little over 6 weeks) of active service.

3.  A DA Form 1049 (Personnel Action), dated 16 August 1967, states the applicant was scheduled for discharge on 22 August 1967.

4.  On 22 August 1967, the applicant signed a DA Form 664 (Serviceman's Statement Concerning Application for Compensation from the Veterans Administration).

5.  The applicant signed his DD Form 214 for the period ending 22 August 1967.

6.  A DA Form 1049, dated 23 August 1967, reports transmittal of the applicant's entire record to the Commanding Officer, Adjutant General Personnel Center, Indianapolis, Indiana.

7.  The applicant's DA Form 20 shows in:

	a.  item 28 (Specialized Training) on page 1 that he completed training in Army Training Program (ATP) 21-114 (8-week basic combat training) on 8 September 1967.  This stamped entry appears above two other entries showing he completed Code of Conduct and Geneva Convention training on 26 July 1967; and

	b.  item 29 on page 1 shows he qualified with the M-14 rifle on course "H-I" in September 1967.  No qualification level or score is listed.

8.  Item 38 (Record of Assignments) of his DA Form 20 shows the applicant was discharged on 22 August 1967.

DISCUSSION AND CONCLUSIONS:

1.  In light of the fact that the applicant signed two discharge-associated documents, dated 22 August 1967, and two other documents reported that same day as his discharge date, the entries on page 1 of the DA Form 20 are insufficient to justify changing his DD Form 214.

2.  The ATP entry in item 28 of his DA Form 20 was basic combat training.  Basic combat training is normally an 8-week course; the applicant was discharged after completing only 6 weeks of training.  This course is often pre-dated to avoid a massive administrative effort on basic training graduation day.  The reason for the entry in item 29 cannot be determined, but it also appears to have been a pre-dated entry.

3.  The applicant has submitted neither probative evidence nor a convincing argument in support of 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 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)                                         AR20130019149



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ABCMR Record of Proceedings (cont)                                         AR20130019149



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