IN THE CASE OF: BOARD DATE: 23 May 2018 DOCKET NUMBER: AR20160011302 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: 23 May 2018 DOCKET NUMBER: AR20160011302 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: 23 May 2018 DOCKET NUMBER: AR20160011302 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 correction of item 12b (Separation Date This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was separated from service on 20 April 1977 instead of 25 May 1978. 2. The applicant states, in effect, he was discharged on 20 April 1977. 3. The applicant provides no additional 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. The applicant enlisted in the Regular Army on 24 March 1977. 3. Item 35 (Record of Assignments) of his DA Form 2-1 (Personnel Qualification Record) shows he was assigned to: * Fort Jackson, SC on 1 April 1977 for basic combat training * Fort Jackson, SC on 20 May 1977 for advanced individual training * Fort Benning GA on 6 July 1977 for basic airborne training 4. Item 21 (Time Lost) of his DA Form 2-1 shows he was absent without leave (AWOL) for the periods 31 January through 9 February 1978 and 19 through 20 February 1978. 5. On 10 May 1978, the applicant requested discharge for the good of the service. 6. Orders 101-36 issued by Headquarters, XVIII Airborne Corps and Fort Bragg on 24 May 1978, discharged the applicant effective 25 May 1978. 7. His DD Form 214 shows the applicant was honorably discharged on 25 May 1978, in accordance with chapter 10, Army Regulation 635-200 (Personnel Separations – Enlisted Personnel). He completed 1 year, 1 month and 20 days of net active service during this period. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, provided detailed instructions for completing separation documents, including the DD Form 214. It provides that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. DISCUSSION: 1. The applicant's contention that item 12b of his DD Form 214 should be corrected to show he was discharged on 20 April 1977, has been carefully examined. 2. The applicant's orders show he was discharged on 25 May 1978. He provides no evidence, which would contradict the date listed on the orders and the date reflected in item 12b of his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160011302 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160011302 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2