RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           12 April 2005
      DOCKET NUMBER:  AR20040004173


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Ms. Shirley L. Powell             |     |Member               |
|     |Mr. Curtis Greenway               |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that the following items on his
separation document (DD Form 214) be corrected:  Item 22 (Statement of
Service), Item 12 (Last Unit of Assignment and Major Command) and the blood
type entry in Item 30 (Remarks).

2.  The applicant states, in effect, that if the service dates on his DD
Form 214 are totaled, it will show he completed a total of 2 years, 7
months and 8 days of active military service, as opposed to 1 year, 7
months and 8 days as is currently entered, which he claims is obviously
just an administrative error.  He further states that the entry in Item 12
should show the 8th Army Band, as opposed to the 6th Army Band as is
currently listed.  Finally, he claims that his blood type has always been O
Positive (+) and not A+ as is entered in Item 30.

3.  The applicant provides no documentary evidence in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 23 April 1971.  The application submitted in this case is
dated
7 July 2004.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s record shows that he enlisted in the Regular Army and
entered active duty on 16 September 1968.  He was trained in, awarded and
served in military occupational specialty (MOS) 02F (Tuba Player) and the
highest rank he attained while serving on active duty was specialist four
(SP4).

4.  The applicant’s Enlisted Qualification Record (DA Form 20) shows that
the applicant served in Korea from 31 March 1970 through 18 April 1971.
During this tour, the applicant was assigned to the 8th United States Army
Band, performing duties in MOS 02F as a tuba player.

5.  The applicant’s Military Personnel Records Jacket (MPRJ) contains a
copy of an Immunization Record (SF 601).  This document contains an entry
in the “Blood Typing” section that indicates the applicant’s blood type is
A+.  This entry contains the name of the physician who confirmed the blood
type on
24 September 1968.  There are no other documents or records on file in the
applicant’s MPRJ that list his blood type.

6.  On 23 April 1971, the applicant was honorably separated by reason of
overseas returnee.  The DD Form 214 he was issued indicates in Item 12 that
his last duty assignment and major command was 6th USA Band, Eighth Army.
The entry 1 year, 7 months and 8 days is contained in Item 22a Line 1 (Net
Service This Period), Item 22a Line 2 (Total Line 1 + Line 2) and in Item
22b (Total Active Service).  Finally, Item 30 contains the entry “Blood
Group:  A Pos”.

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for Soldiers on retirement, discharge,
release from active duty service, or control of the Active Army.  It also
establishes standardized policy for preparing and distributing the DD Form
214.  The regulation contains item by item preparation instructions for the
DD Form 214.

8.  The version of Army Regulation 635-5 in effect at the time stipulated
that for individuals assigned to a transfer activity prior to separation,
the losing unit of assignment and the major command having jurisdiction
over the losing unit would be entered in Item 12.  The instructions for
Item 22 stated that the entry in Item 22a(1) would be the total service
completed between the dates entered in Item 17c (Date of Entry) and Item
11d (Effective Date).  The instructions for Item 22a(3) indicated the entry
was self-explanatory, which meant that the totals in Item 22a(1) and 22a(2)
would be added together to arrive at this entry.  The Item 22b instructions
were to enter the total active military service completed by the
individual.  The instructions for Item 30 indicated the “Blood Group” entry
would be taken from the Immunization Record (SF 601).

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms that the applicant completed a total of

2 years, 7 months and 8 days of creditable active military service between
16 September 1968, the date he entered active duty and 23 April 1971, the
date of his separation from active duty.  Therefore, Item 22a(1), Item
22a(3) and Item 22b of his DD Form 214 should be corrected to read 2 years,
7 months and
8 days.  Further, the record shows he was last assigned to the 8th United
States Army Band, Eighth Army.  Thus, it would be appropriate to replace
the current entry in Item 12 of his DD Form 214 with this unit and major
command.

2.  The veracity of the applicant’s claim that his blood type is O+ is not
in question.  However, the Immunization Record (SF 601) on file in his
MPRJ, which was the source document used for the Item 30 “Blood Group”
entry on his DD Form 214, indicates his blood type was A+.  Therefore,
absent some medical evidence to counter the information contained on this
medical record source document, there is an insufficient evidentiary basis
to support a change to the blood type entered in Item 30 of his separation
document at this time.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

___SLP _  ___JNS__  ___CG__  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by amending the
applicant’s 23 April 1971 DD Form 214 as follows:  Item 12 - delete the
current entry and replace it with the entry
“8th United States Army Band, Eighth Army”; Item 22a(1), (3) and Item 22b -
delete the current entries and replace them with the entry “2 years, 7
months and 8 days”; and by providing him a corrected separation document
that reflects these changes.

2  The Board further determined that the evidence presented is insufficient
to warrant a portion of the requested relief.  As a result, the Board
recommends denial of so much of the application that pertains to a change
to the blood type entered in Item 30 of the DD Form 214.




            ____John N. Slone_______
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040004173                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/04/12                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1971/04/23                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |O/S Rtn                                 |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  1021 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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