BOARD DATE: 24 April 2018 DOCKET NUMBER: AR20160011868 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 BOARD DATE: 24 April 2018 DOCKET NUMBER: AR20160011868 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. BOARD DATE: 24 April 2018 DOCKET NUMBER: AR20160011868 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 9d (Effective Date) of his DD Form 214 (Report of Separation from Active Duty) to show 24 July 1976. 2. The applicant states he was discharged due to an injury sustained during advanced individual training. It was an aggravation of a condition that existed prior to service. He was informed that he would be discharged for medical reasons, but not receive severance pay and he agreed rather than go on permanent light duty. However, his understanding was that he would receive veteran status. He has never received veteran status because his discharge date is 30 days prior to what it should have been to receive veteran status. He would like his effective date of discharge changed to 24 July 1976 so he can be classified as a veteran. The discharge date was incorrect according to the verbal agreement with his commanding officer. 3. The applicant provides a copy of his DD Form 214. 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 6 January 1976. 3. Headquarters, 7th Infantry Division and Fort Ord, Special Orders Number 170, dated 18 June 1976, discharged him effective 24 June 1976 under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel) , chapter 5. 4. Item 9d of his DD Form 214 shows the effective date of his separation as 24 June 1976. Additionally, he received a separation designator code of JFT, which indicates he was separated under the provisions of Army Regulation 635- 200, chapter 5, (Failure to meet established physical standards (no disability)). 5. There is no evidence showing he served on active duty after 24 June 1976. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. The instructions for item 9d stated to enter the effective date of separation. DISCUSSION: 1. The applicant requests correction of item 9d of his DD Form 214 to show 24 July 1976 instead of 24 June 1976. 2. His discharge orders show he was discharged effective 24 June 1976. 3. There is no evidence showing he served on active duty after 24 June 1976. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160011868 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160011868 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2