RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 August 2006
      DOCKET NUMBER:  AR20050017164


      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. G. E. Vandenberg              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Curtis L. Greenway            |     |Chairperson          |
|     |Mr. James B. Gunlicks             |     |Member               |
|     |Ms. Peguine M. Taylor             |     |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 dates of his service on the
11 December 1967 DD Form 214 (Armed Forces of the United States Report of
Separation or Discharge) be corrected.

2.  The applicant states, in effect, that both the date of induction and
the date of separation are wrong.

3.  The applicant provides copies of a 13 April 1966 DD Form 1341
(Allotment Authorization), an 8 December 1967 DD Form 1580 (Military
Standby Authorization for Commercial Air Travel), and a DD Form 1482 (MATS
Transportation Authorization).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 11 December 1968, the date of his release from active duty.
The application submitted in this case is dated 11 November 2005.

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 records show the applicant was inducted and entered active duty on
30 December 1965.  He had a 2 year obligated period of service with an ETS
(expiration of term of service) date of 29 December 1967.  These dates are
supported by entries on the various documents completed at the time of his
enlistment.

4.  A 13 April 1966 DA Form 1341 indicates the applicant started an
allotment to his mother on this date.  It also indicates his date of entry
onto active duty as being 30 December 1965.

5.  Headquarters Third Armored Division 14 November 1967 Special Orders
Number 284 indicates the applicant was reassigned for the purpose of
separation.  He was to report to the transition point for transportation to
CONUS (Continental United States) no later than 1300 hours 7 December 1967.
 The order indicates his normal ETS is 29 December 1967 with an EDCSA
(effective date of change of strength accountability) of 11 December 1967.

6.  A 8 December 1967 DD Form 1580 indicates that the applicant was
authorized to use civilian air transportation between 10 December 1967 and
10 January 1968.

7.  A DD Form 1482 indicates the applicant was to report for a military
flight at 0800 hours on 9 December 1967.

8.  An 11 December 1967 DD Form 2376 (Notification to State Adjutant
General  Release from Active Duty of Obligated Reservist) indicates the
applicant was released from active duty effective 11 December 1967 and
should arrive home on or about 13 December 1967.

9.  The applicant's DD Form 214 shows he was honorably separated from
active duty on 11 December 1967 in accordance with Army Regulation 635-200,
early separation for overseas returnee.  It shows he had 1 year, 11 months,
and 12 days of creditable service with no time lost.  It lists his date of
entry as 30 December 1967.

10.  Army Regulation 635-200, as then in effect, provided that Soldiers who
were within 60 days of ETS in overseas location and who did not intend to
reenlist, could be separated prior to their ETS.

DISCUSSION AND CONCLUSIONS:

1.  A typographical error occurred in the completion of the applicant’s
11 December 1967 DD Form 214.  His date of induction is incorrectly
recorded as 30 December 1967, 29 days after his date of separation.

2.  This error should be corrected to show the applicant entered active
duty on 30 December 1965.

3.  The applicant was released from active duty under the overseas returnee
provisions of the regulations.  All available documentation indicates that
11 December 1967 is the correct date of separation and it is properly
listed on his DD Form 214.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___PMT__  __JBG__  _CLG___  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 showing the applicant’s
date of entry onto active duty as 30 December 1965.

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 changing
his date of separation.



                                  __Curtis L. Greenway____
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050017164                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |200608010                               |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |  . . . . .                             |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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