IN THE CASE OF:	  

		BOARD DATE:  7 February 2013

		DOCKET NUMBER:  AR20120013364 


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 that his DD Form 214 (Certificate of Release or Discharge) be corrected to show he was within 1 year of his mandatory retirement date (MRD) when he retired.

2.  The applicant states he actually retired within the year of his MRD. 

3.  The applicant provides no evidence in support of his request.

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 is a retired Regular Army colonel who served on active duty from 6 June 1979 through 30 June 2008 (29 years and 25 days).

3.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214 and states:

	a.  The DD Form 214 provides a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge.  

	b.  The DD Form 214 is not intended to have any legal effect on termination of a Soldier's service.

	c.  Block 18 REMARKS is to be used for Headquarters, Department of the Army mandatory requirements when a separate block is not available and as a continuation for entries in blocks 11, 13, and 14.  There is no requirement to enter the MRD in block 18.

DISCUSSION AND CONCLUSIONS:

1.  There is no provision for including the MRD in the Remarks block of the 
DD Form 214.  

2.  The applicant has provided no rationale for adding the fact that he was close to his MRD on his DD Form 214.  Therefore, he is not entitled to the relief he has requested.

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)                                         AR20120012346



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ABCMR Record of Proceedings (cont)                                         AR20120013364



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