BOARD DATE: 23 May 2017 DOCKET NUMBER: AR20160001440 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING _____x___ ____x____ ___x_____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 23 May 2017 DOCKET NUMBER: AR20160001440 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. BOARD DATE: 23 May 2017 DOCKET NUMBER: AR20160001440 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 (Certificate of Release or Discharge from Active Duty) for the period ending 21 November 2001 to show his separation date as 30 November 2001. 2. The applicant states: a. He performed 14 years of service in the Army. During his assignment with the Sacramento Recruiting Battalion, he unfortunately received a conviction for driving under the influence and simple assault in 2000. Those actions preceded his early departure from the military. The State of California required payment of all charges and fees in full, and attendance at classes before he separated from the military. He was not a resident of the state so these requirements had to be met before he was discharged. He had his separation physical examination in January 2001, and his classes did not start until June of that same year, with a completion date of 30 November 2001. b. After his divorce and relocating to his state of residency, his ex-spouse trashed all of his military paperwork. This error was not noticed until 2011 and his separation process did not include a benefits briefing because the Sacramento Recruiting Battalion did not have one for recruiters. c. He will always have fond memories of his job as an Army recruiter. d. His current separation date is shown as 21 November 2001 on his DD Form 214. 3. The applicant provides: * DA Form 3081-R (Periodic Medical Examination) * Standard Form 88 (Report of Medical Examination) * undated memorandum for record 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's records contain a DD Form 214 covering his prior active enlisted service from 17 October 1984 through 30 March 1992. He completed 7 years, 5 months, and 14 days of active service during this period. 3. He enlisted in the U.S. Army Reserve on 31 March 1992. 4. U.S. Army Reserve Personnel Center Orders R-08-005492, dated 16 August 1994, as amended by Orders R-08-005492A01, dated 24 August 1994, ordered him to active duty in an Active Guard Reserve status effective 5 October 1994. 5. He provided medical documentation showing he underwent a separation physical examination on 30 January 2001. 6. His records contain a DA Form 1574 (Report of Proceedings by Investigating Officer/Board of Officers), dated 15 May 2001, showing the findings warranted his separation for commission of a serious offense. The board of officers recommended his separation under honorable conditions. 7. His records do not contain his separation orders. 8. His DD Form 214 for this period shows he was discharged under honorable conditions (general) for misconduct. Item 12a (Date Entered Active Duty This Period) shows he entered active duty on 4 April 1987. Item 12b (Separation Date This Period) shows he was separated on 21 November 2001. Item 12d (Total Prior Active Service) shows he completed 7 years, 5 months, and 14 days of prior active service (as documented on his DD Form 214 covering the period 17 October 1984 through 30 March 1992). 9. There is no evidence of record showing he performed any active duty service after 21 November 2001. REFERENCES: 1. Army Regulation 635-5 (Personnel Separations – 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 standardized policy for the preparation of the DD Form 214. The instructions for item 12b stated to enter the effective date of separation. 2. 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 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: 1. The applicant contends his separation date shown on his DD Form 214 should be changed from 21 November 2001 to 30 November 2001. 2. There is no evidence of record and he provided no evidence showing he performed any active duty service after 21 November 2001. 3. It is important to note the DD Form 214 in question erroneously shows the date he entered this period of active duty as 4 April 1987 instead of 5 October 1994. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001440 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001440 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2