IN THE CASE OF:	  

		BOARD DATE:	  19 May 2011

		DOCKET NUMBER:  AR20100026329 


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 item 12a (Date Entered AD [Active Duty] This Period) of his DD Form 214 (Certificate of Release from Active Duty) be corrected. 

2.  The applicant states:

* He joined the Army in July 1989
* His DD Form 214 has the wrong date 

3.  The applicant provides no documentary evidence.

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.  His enlistment record shows he enlisted in the Regular Army (RA) on 5 April 1990 for a period of 4 years.  He completed his training and was awarded military occupational specialty 63H (Track Vehicle Repairer).  On 27 September 1991, he was discharged under honorable conditions (a general discharge) for misconduct.  

3.  Item 12a of his DD Form 214 show the entry "90 04 05" [5 April 1990]. 

4.  There is no evidence which shows he entered active duty in July 1989. 

DISCUSSION AND CONCLUSIONS:

Although he contends his date of entry should be July 1989, his enlistment contract shows he enlisted in the RA on 5 April 1990 which is properly shown in item 12a of his DD Form 214.  Therefore, there is insufficient evidence on which to amend item 12a of his DD Form 214.  

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)                                         AR20100026329



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ABCMR Record of Proceedings (cont)                                         AR20100026329



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