IN THE CASE OF: BOARD DATE: 26 MARCH 2009 DOCKET NUMBER: AR20080017846 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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his effective date of release from active duty (REFRAD) as 19 August 1969. He also requests that his DD Form 214 be corrected to reflect that he was REFRAD in the rank and pay grade of specialist four (SP4)/E-4. 2. The applicant states that his date of discharge is incorrectly reflected on his DD Form 214 as he had 1 year, 9 months, and 26 days of total active service. He further states that he is applying for a hearing loss disability and he needs to have all his documents correct. 3. The applicant provides in support of his application, 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 requested that his DD Form 214 be corrected to reflect that he was REFRAD in the rank and pay grade of specialist four (SP4)/E-4. His DD Form 214 currently shows in item 5a (Grade, Rate, or Rank) the entry "SP4 (T)" and item b (Pay Grade) shows the entry "E-4." Item 6 (Date of Rank) shows the entry "10 DEC 68." Therefore, this portion of the applicant's request will not be discussed further in these Proceedings. 3. The applicant was inducted into the Army of the United States on 24 October 1967 at Los Angeles, California. He successfully completed his training and was awarded military occupational specialty (MOS) 71H (Personnel Specialist). 4. On 18 August 1969, Special Orders Number 230, published by Headquarters, U.S. Army Personnel Center, Fort Lewis, WA, released the applicant from active duty with an effective date of 19 August 1969 and transferred him to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation. 5. Item 11d (Effective Date) of his DD Form 214 shows the entry "19 AUG 68" as his date of REFRAD and transfer to the USAR. 6. Army Regulation 635-5 (Personnel Separations – Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part it states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that his DD Form 214 should be corrected to show the effective date of his REFRAD as 19 August 1969. 2. His contention has been noted and found to have merit. An apparent error was made during the preparation of the applicant's DD Form 214 which resulted in item 11d of his DD Form 214 showing the entry 19 August 1968. The applicant entered active service on 24 October 1967 and served for a period of 1 year, 9 months, and 26 days, which equates to a date of discharge of 19 August 1969. Therefore, his DD Form 214 should be corrected to reflect the correct REFRAD date. 3. In view of the foregoing, it would now be in the interest of justice to correct the applicant's records as recommended below. BOARD VOTE: ___X_____ __X______ ___X_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 11d of his DD Form 214 the entry "19 AUG 68" and replacing it with the entry "19 AUG 69." ________XXX______________ 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) AR20080017846 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080017846 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1