BOARD DATE: 22 June 2017 DOCKET NUMBER: AR20160002694 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: 22 June 2017 DOCKET NUMBER: AR20160002694 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: 22 June 2017 DOCKET NUMBER: AR20160002694 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 discharge date from 28 June 1977 to 18 July 1977. 2. The applicant states his actual date of discharge was 18 July 1977. 3. The applicant provides his DD Form 214 (Report of Separation from Active Duty). 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 25 January 1977. He completed basic combat training and was reassigned to Fort Bliss, TX, for advanced individual training. 3. On 16 June 1977, the applicant's commander advised the applicant of his intent to initiate separation action against him under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph 5-39 (Trainee Discharge Program). The commander cited the applicant's lack of motivation and poor attitude as the specific reasons for his proposed action. 4. On the same day, the applicant acknowledged receipt of notification of the proposed separation action. Subsequent to the applicant's acknowledgement and consultation with counsel, his immediate commander initiated separation action against him under the Trainee Discharge Program. 5. On 22 June 1977, the separation authority approved the separation action and directed issuance of an Honorable Discharge Certificate. 6. On 23 June 1977, Headquarters, U.S. Army Air Defense Center, Fort Bliss, published Orders 130-64 ordering the applicant's discharge from the Regular Army with an effective date of 28 June 1977. 7. On 28 June 1977, the applicant was discharged under the provisions of Army Regulation 635-200, paragraph 5-39. He completed 5 months and 4 days of total active service. His service was characterized as honorable. His DD Form 214 shows in: * item 9d (Effective Date) – 28 June 1977 * item 15 (Date Entered Active Duty This Period) – 25 January 1977 * item 18a (Net Active Service This Period) – 5 months and 4 days 8. The applicant was issued a letter from the Commander, Headquarters, U.S Army Air Defense Center, dated 28 June 1977, explaining the reason for his separation. The letter shows the reason for his separation from active duty on 28 June 1977 was: a. Authority: Paragraph 5-39, Army Regulation 635-200; b. SPD Code: JEM, Marginal or non-productive performance (Trainee Discharge Program); and c. Reenlistment Code: RE-3. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. Chapter 2 contained guidance for preparation of the DD Form 214. The version of the regulation in effect at the time stated: * item 9d shows the Soldier's transition date; this date may not be the contractual date if the Soldier is separated early, voluntarily extends, or is extended for makeup of lost time * item 15 shows the date the Soldier entered active duty * item 18a shows the amount of service this period, computed by subtracting item 15 from item 9d DISCUSSION: 1. The evidence of record shows the applicant's effective date of discharge was 28 June 1977. 2. The applicant's records are void of and the applicant did not provide any evidence which shows he served on active duty beyond his effective date of discharge. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002694 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002694 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2