ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  8 October 2019

	DOCKET NUMBER:  AR20170014820


APPLICANT REQUESTS: a correction to his discharge date on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214
* Self-authored Statement
* Support Statements from six Friends

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states his date of discharge from the Army should be 5 June 1973 instead of 10 January 1973.  He would like his DD Form 214 be changed to correct this mistake.  He provides:

	a.  A detailed self-authored statement, which states he enlisted in the United States Army on 24 October 1972.  He reported to Fort Leonard Wood, Missouri in October of 1972.  Due to his father’s health care, he applied for a hardship discharge to take care of him.  He was granted the discharge and was told that he would be discharged on 3 January 1973, but when January came around, he was advised by his commander there was a mix up in the paperwork and he would not be getting out until 5 June 1973.  He received his discharge papers on 5 June 1973 and he returned home on that day and did not notice the date on his DD Form 214 until he applied for a home loan last year and was told his DD Form 214 showed he was discharged on 3 January 1973.  He would appreciate if the Board could correct the date to show 5 June 1973.  

	b.  A host of statements from friends supporting the applicant’s belief that his discharge date was 5 June 1973.  Several of them state that they attended a neighborhood block party in June of 1973 to welcome him home.  Others state that they are verifying that his service was completed in June of 1973.  His friend that joined with him under the “Buddy Plan” also says that he believes that the applicant was discharged in June of 1973.

3.  A review of the applicant’s service record shows:

	a.  He enlisted in the Regular Army on 24 October 1972 for a period of 3 years.

	b.  On 10 November 1972, his commander notified him of his intent to initiate elimination proceedings against him under the provisions of Army Regulation (AR) Personnel Separations – Unfitness and Unsuitability, 635-212, for unsuitability.

	c.  His DD Form 214, show he was discharged on 10 January 1973, under the provisions of AR 635-212, for unsuitability, and furnished a general, under honorable conditions discharge.  He completed 2 months and 16 days net active service with   1 day of time lost.  

4.  By regulation, the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge.  The information entered thereon reflects the conditions as they existed at the time of separation.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief was not warranted.  Based upon the documentary evidence provided by the applicant, the Board found the letters the applicant provided are not official Army records that authenticate official Army data.  The Board wished to recommend that if  the applicant has an order that shows a different separation date, he provide through a reconsideration request. 

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	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 the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

	 
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.

REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice.  This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation AR 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214 (Certificate of Release or Discharge from Active Duty).

NOTHING FOLLOWS

ABCMR Record of Proceedings (cont)	 AR20170014820


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