RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 8 February 2007 DOCKET NUMBER: AR20060010440 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. 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 military records be corrected to show that he was discharged from active duty on 1 March 1968. 2. The applicant essentially states that his military records show the wrong date of discharge, and that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and his Honorable Discharge Certificate show a date 3 days prior to his discharge from active duty date of 1 March 1968. 3. The applicant provides no additional evidence in support of this application. CONSIDERATION OF EVIDENCE: 1. The applicant is requesting correction of an alleged error which occurred on 27 February 1968, the date of his discharge from the Regular Army. The application submitted in this case is dated 11 July 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’s records show that he enlisted in the Regular Army on 30 November 1967. 4. On 7 February 1968, the applicant’s company commander in basic training recommended that he be eliminated from the service under the provisions of Army Regulation 635-212, paragraph 6b, for unsuitability. 5. On 16 February 1968, the proper authority approved the applicant’s discharge for unsuitability under the provisions of Army Regulation 635-212, and directed that he be issued an Honorable Discharge Certificate. 6. Headquarters, United States Army Training Center (Infantry) and Fort Ord, California Special Orders Number 58, dated 27 February 1968, essentially show that he was discharged on 27 February 1968 under the provisions of Army Regulation 635-212. The DD Form 214 that was issued to the applicant at the time of his discharge, and which was authenticated by the applicant’s signature, shows that he only completed 2 months and 27 days of active duty, and had 1 day of lost time due to being absent without leave. 7. The applicant provided no evidence, and there is no evidence in his military records which shows that he remained on active duty until 1 March 1968. There is also no evidence which shows that he remained on active duty after 27 February 1968. 8. 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 contends that his military records should be corrected to show that he was discharged from active duty on 1 March 1968. 2. General orders clearly show that the applicant was discharged for unsuitability on 27 February 1968. The applicant’s DD Form 214, in which the data contained on that form was authenticated by the applicant with his signature, also clearly shows that he was discharged on 27 February 1968. 3. The applicant failed to provide any evidence which shows that an error or injustice occurred. Absent, such evidence, regularity must be presumed in this case. In view of the foregoing, there is no basis for granting relief to the applicant in this case. 4. Records show the applicant should have discovered the alleged error or injustice now under consideration on 27 February 1968; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 26 February 1971. The applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to timely file in this case. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___JR___ ___DH __ __RG___ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that 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. 2. As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law. Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned. ____ Jeffrey Redmann______ CHAIRPERSON INDEX CASE ID AR20060010440 SUFFIX RECON YYYYMMDD DATE BOARDED Y20070208 TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) DATE OF DISCHARGE YYYYMMDD DISCHARGE AUTHORITY AR . . . . . DISCHARGE REASON BOARD DECISION DENY REVIEW AUTHORITY AR 15-185 ISSUES 1. 110.0100.0000 2. 3. 4. 5. 6.