IN THE CASE OF:    

		BOARD DATE:  19 July 2016

		DOCKET NUMBER:  AR20150012138


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


		IN THE CASE OF:    

		BOARD DATE:  19 July 2016

		DOCKET NUMBER:  AR20150012138


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.



		IN THE CASE OF:    

		BOARD DATE:  19 July 2016

		DOCKET NUMBER:  AR20150012138


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 removal of a DD Form 215 (Correction to DD Form 214) from his records.

2.  The applicant states a DD Form 215 was issued changing his discharge date.  He did not know the incorrect change existed until he requested a copy of his records. 

3.  The applicant provides copies of his discharge orders, DD Form 214 (Certificate of Release or Discharge from Active Duty), DD Form 215, and NGB Form 22 (Report of Separation and Record of Service).

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, with prior Army National Guard (ARNG) service, was mobilized on 15 March 2003. 

3.  On 23 July 2004, he was discharged from active duty and the Oregon ARNG with severance pay as a result of developing problems from bilateral flat feet with plantar fasciitis.

4.  On 10 December 2007, a DD Form 215 was issued to amend his total prior active service, total prior inactive service, and add the Armed Forces Reserve Medal to his DD Form 214 in question.

REFERENCES:

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.  ABCMR members will review all applications that are properly before them to determine the existence of error or injustice.  They will direct or recommend changes in military records to correct the error or injustice, if persuaded that material error or injustice exists or deny applications when the alleged error or injustice is not adequately supported by the evidence.

DISCUSSION:

1.  It appears the applicant believes that the date of the issuance of the DD Form 215 (10 December 2007) is meant to also change of the date of his discharge.  This assumption is incorrect.

2.  The DD Form 215 is valid and correct.  It did not change the date of his 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)	AR20150012138



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 1

ABCMR Record of Proceedings (cont)	AR20150012138



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 2