RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 26 September 2006
DOCKET NUMBER: AR20060003220
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 |
| |Ms. Deyon D. Battle | |Analyst |
The following members, a quorum, were present:
| |Ms. Marla Troup | |Chairperson |
| |Mr. Chester Damian | |Member |
| |Mr. Edward Montgomery | |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 that his Report of Transfer or Discharge (DD
Form 214) be corrected to show his place of entry into the Army as Moberly,
Missouri.
2. The applicant states that his DD Form 214 erroneously reflects his
place of entry into the Army as Armstrong, Mississippi.
3. The applicant provides no additional documentation in support of his
application.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice
which occurred on 21 June 1965. The application submitted in this case is
dated 14 February 2006.
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. On 6 January 1965, he enlisted in the Missouri Army National Guard
(MOARNG), in Moberly, Missouri, for 6 years.
4. On 13 January 1965, Special Orders Number 5 were published ordering him
to active duty for training (ACDUTRA) for 6 months, with an effective date
of 3 February 1965. The orders were from the State of Missouri, Adjutant
General's Office.
5. Accordingly, on 3 February 1965, the applicant entered on ACDUTRA. He
was honorably released from ACDUTRA on 21 June 1965 and he was returned to
the MOARNG to complete his service obligation.
6. The DD Form 214 that he was furnished at the time of his release from
ACDUTRA erroneously reflects that his place of birth, type of transfer or
discharge, selective service local board state, district or area command to
which Reservist transferred; place of entry into current active service;
and home of record as Mississippi. The remarks section of his DD Form 214,
also erroneously reflects that he was released from active duty and
returned to state control as a member of the Army National Guard of
Mississippi.
7. Army Regulation 635-5 serves as the authority for the preparation of
the DD Form 214. It provides, in pertinent part, that the DD Form 214 will
be prepared to reflect an individual's service as it exists on the date of
release from active duty or discharge.
DISCUSSION AND CONCLUSIONS:
1. There were errors made during the preparation of the applicant's DD
Form 214 which resulted in the incorrect place of entry into active duty
being reflected.
2. The state of Mississippi was also erroneously substituted for the state
of Missouri on his DD Form 214.
3. The evidence of record clearly shows that he enlisted in the MOARNG in
Moberly, Missouri, and the DD Form 214 should be corrected accordingly.
His DD Form 214 should also be amended throughout to reflect the state of
Missouri, rather than the state of Mississippi.
4. Records show the applicant should have discovered the alleged error or
injustice now under consideration on 21 June 1965; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 20 June 1968. The applicant did not file within the 3-year
statute of limitations; however, based on the available evidence or
argument, it would be in the interest of justice to excuse failure to
timely file in this case.
BOARD VOTE:
__MT ___ ___CD __ ___EM _ 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 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 his DD Form 214 to show his
place of entry into current active service as Moberly, Missouri, and by
substituting the state of Missouri for the state of Mississippi throughout
his DD Form 214.
______ Maria Troup_______
CHAIRPERSON
INDEX
|CASE ID |AR20060003220 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20060926 |
|TYPE OF DISCHARGE |HD |
|DATE OF DISCHARGE |19650621 |
|DISCHARGE AUTHORITY |AR 635-200 |
|DISCHARGE REASON |REFRAD |
|BOARD DECISION |GRANT PLUS |
|REVIEW AUTHORITY |AR 15-185 |
|ISSUES 1. 189 |110.0000/SEPARATION DOCUMENT |
|2. 223 |112.0100/HOME OF RECORD |
|3. | |
|4. | |
|5. | |
|6. | |
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