RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 30 November 2006
DOCKET NUMBER: AR20060004890
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. W. W. Osborn, Jr. | |Analyst |
The following members, a quorum, were present:
| |Mr. William F. Crain | |Chairperson |
| |Ms. Alice Muellerweiss | |Member |
| |Mr. Donald L. Lewy | |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 his DD Form 214 (Armed Forces
of the United States Report of Transfer or Discharge) be corrected to show
the correct dates.
2. The applicant states that he believes typographical errors were made.
3. The applicant provides copies of his DD Form 214 and 28 pages of other
service record documents.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which
occurred on 26 December 1969. The application submitted in this case is
dated 17 March 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. The applicant enlisted and entered active duty on 5 January 1967. He
completed training and served in Europe and then in Vietnam. He was
released from active duty on 26 December 1969 and transferred to the USAR
in pay grade E-4. He was discharged from the USAR on 1 January 1973.
4. His DD Form 214 incorrectly lists his Reserve/Universal Military
Training Termination Date (item 16) as 4 January 1967 and his Current
Active Service Date of Entry (item 17a) as 5 January 1973.
DISCUSSION AND CONCLUSIONS:
1. The years listed in The Reserve/Universal Military Training Termination
Date (item 16 and Current Active Service Date of Entry (item 17c) on his DD
Form 214 were transposed.
2. Item 16 should be corrected to read “4 Jan 73” and item 17c should be
corrected to read “5 Jan 67.”
3. Records show the applicant should have discovered the alleged error or
injustice now under consideration on 26 December 1969 therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 25 December 1972. The applicant did not file within
the 3-year statute of limitations; however, based on the available
evidence, it would be in the interest of justice to excuse failure to
timely file in this case.
BOARD VOTE:
__AM___ __DLL___ _WFC___ 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 showing on the DD Form 214 that item
16 reads “4 Jan 73” and item 17c reads “5 Jan 67.”
__ William F. Crain________
CHAIRPERSON
INDEX
|CASE ID |AR20060004890 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20061130 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |100.000.0000 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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