IN THE CASE OF:	

		BOARD DATE:	  24 September 2009  

		DOCKET NUMBER:  AR20090008079 


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 that his blood group be changed from "O" to "O+" on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states that his DD Form 214 shows the wrong blood group.

3.  The applicant provides a copy of his DD Form 214 in support of his application.

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 30 December 1964.

3.  The applicant underwent a physical examination on 5 January 1965.  His Standard Form 88 (Report of Medical Examination) does not indicate his blood type in item 49 (Blood Type and RH Factor).

4.  His Standard Form 601 (Immunization Record) shows his blood type as "O."

5.  The applicant was honorably released from active duty on 11 December 1967.  His DD Form 214 shows his blood group as "O" in item 30 (Remarks).

6.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The version of this regulation in effect at the time directs that the service member’s "blood group" from the Immunization Record or the DA Form 20 (Enlisted Qualification Record) will be entered in item 30 of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 shows the wrong blood group.  However, there is insufficient evidence to substantiate his claim.

2.  The applicant’s Immunization Record indicates his blood type as "O."  There is no evidence and the applicant has not provided any evidence which shows his blood type as "O+."  Therefore, there is no basis for amending his DD Form 214 to show his blood type as "O+."

BOARD VOTE:

________  ________  ________  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 that 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.

ABCMR Record of Proceedings (cont)                                         AR20090008079



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ABCMR Record of Proceedings (cont)                                         AR20090008079



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