BOARD DATE: 5 November 2013 DOCKET NUMBER: AR20130005036 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 from Active Duty) be corrected to show in item 12a. that he entered active duty this period on 9 March 1989 and that his Narrative Reason for Separation in item 28 be changed to “Early Release.” 2. The applicant states he was under the Army’s blanket from 9 March to 17 March 1989 and his DD Form 214 should be corrected to reflect that time. He also states that personnel were being given early releases at the time he was discharged due to down-sizing and he desires his narrative reason for separation to be changed. 3. The applicant provides four pages from his enlistment contract related to G.I. Bill enrollment. 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 U.S. Army Reserve under the delayed entry program on 17 March 1989 for a period of 8 years. On 22 March 1989, he enlisted in the Regular Army and entered active duty for a period of 2 years and training as a medical specialist. He completed his basic training at Fort Knox, Kentucky and his advanced individual training as a medical specialist at Fort Sam Houston, Texas and remained there for his first and only assignment. 3. On 16 November 1989, nonjudicial punishment (NJP) was imposed against him for being derelict in the performance of his duties. 4. On 25 January 1991, NJP was imposed against him for being absent without leave from 7 December 1990 to 14 December 1990 and 27 December 1990 to 10 January 1991 and two counts of failure to go to his place of duty. 5. On 20 February 1991, his commander notified him that he was initiating action to discharge him from the service under the provisions of Army Regulation 635-200, paragraph 14-12b, due to a pattern of misconduct. He cited as the basis for his recommendation the applicant’s disciplinary record, suspension of check cashing privileges, numerous incidents of failure to go to his place of duty, failure to respond to counseling sessions and his repeated failure to maintain proper conduct and discipline. 6. On 28 February 1991, after consulting with defense counsel, the applicant elected to submit a statement in his own behalf whereas he asserted that while he was aware that he had not displayed the attitude and performance of a good Soldier, he did not want to end his career on a bad note and requested that he be given another chance to prove himself. 7. The applicant’s chain of command recommended that he be issued a General Discharge Certificate and on 6 March 1991, the appropriate authority approved the recommendation for discharge and directed that he be issued a General Discharge Certificate. 8. Accordingly, he was discharged under honorable conditions on 15 March 1991 under the provisions of Army Regulation 635-200, paragraph 14-12b, due to Misconduct – Pattern of Misconduct. He had served 1 year, 10 months, and 27 days of active service and had 34 days of lost time due to AWOL. His DD Form 214 issued at the time of his discharge shows that he entered active duty on 22 March 1989 and that the Narrative Reason for Separation was “Misconduct – Pattern of Misconduct.” 9. A review of his official records failed to reveal any evidence of the applicant entering active duty prior to 22 March 1989. 10. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. It provides, in pertinent part, that the date entered on active duty as documented in official records will be entered in item 12a of the DD Form 214 and that the Narrative Reason for Separation as determined by the separation authority used in item 25 will be entered in item 28. DISCUSSION AND CONCLUSIONS: 1. The applicant’s contentions and supporting documents have been noted and appear to lack merit. The applicant has provided no evidence to show that he entered active duty prior to 22 March 1989 or that his narrative reason for separation is incorrect. 2. The evidence of record clearly shows that he enlisted in the Regular Army and entered active duty on 22 March 1989. It also shows that he was discharged due to misconduct – pattern of misconduct and he has failed to show that such was not the case. 3. Therefore, in the absence of evidence to show otherwise, there does not appear to be any basis to grant his request. 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) AR20130005036 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130005036 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1