RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            12 December 2006
      DOCKET NUMBER:   AR20060005430


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Allen Raub                    |     |Chairperson          |
|     |Mr. Frank Jones                   |     |Member               |
|     |Mr. Qawiy Sabree                  |     |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 typographical errors
contained on his DD Form 214 be corrected to reflect the correct
information.

2.  The applicant states, in effect, that his DD Form 214 contains
typographical errors that have created a problem with his government
employment because his entitlement regarding his military service cannot be
accurately determined.  He goes on to state that item 3 (Social Security
Number (SSN)) has a typographical error, that item 11a (Type of Transfer or
Discharge) has a typographical error, item 11d (Effective Date) has a
typographical error, item 16 (Terminal Date of Reserve Obligation) has a
typographical error, item 17b (Term of Service) is incorrect, and item 22b
(Total Active Service) is incorrect.

3.  The applicant provides a narrative explanation of his application, a
copy of his DD Form 214, and a letter from the Retirements and Benefits
Section of the Department of Agriculture explaining that he needs his DD
Form 214 corrected to properly document his military service.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 5 January 1972.  The application submitted in this case is
dated 27 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 in the United States Army Reserve (USAR) in
Wichita Falls, Texas, on 17 July 1971, for a period of 6 years.  At the
time of his enlistment his SSN was documented as containing the numbers
1813 as the last four digits.  He was ordered to initial active duty for
training (IADT) for a period of 20 weeks on 3 September 1971 and was
transferred to Fort Campbell, Kentucky to undergo his basic combat training
(BCT).  He completed his BCT and was transferred to Fort Hood, Texas, on 10
November 1971, to undergo his training as a supply clerk.

4.  On 5 January 1972, he was honorably released from IADT and was returned
to his USAR unit in Texas.  He had served 4 months of total active service.

5.  His DD Form 214 issued at the time of his REFRAD contains several
typographical errors.  His SSN contains a typo in the last four digits that
appear as “1818”, then “181X3” (with the second “8” X’d over), and should
properly be reflected as “1813.”  In item 11a, a typographical error was
made in the State in which it reflected he was transferred to the State of
Illinois, which was subsequently X’d out and the entry “Texas” was
inserted.  However, the “Illinois” entry still shows through the X’s.  In
item 11d, under effective date, it reflects that he was REFRAD on 3 January
1972, which was X’d out and replaced with
a “5.”

6.  In item 16, under Terminal Date of Reserve Obligation is the entry
3 September 1971.

7.  In item 17b, under term of service, is the entry “6” years.

8.  In item 22b, under Total Active Service, is the entry “6” years.

9.  Army Regulation 635-5 (Separation Documents) serves as the authority
for the preparation of the DD Form 214.  The regulation, then in effect,
provides, in pertinent part, that typographical errors in words or
abbreviations only may be corrected by erasure and overtype.  All other
corrections will be by retyping the form.  That regulation also provides
that for personnel serving on active duty for training (ADT), item 17b will
be annotated with the entry “NA.”

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s DD Form 214 contains numerous errors and unauthorized
overtypes that create confusion by anyone viewing that form.  The
applicable regulation, then in effect, does not allow corrections to
numbers contained on that form.  Therefore, it would be in the interest of
justice to correct that form to provide clarification of the data contained
on that form.

2.  Accordingly, the applicant’s DD Form 214 should be corrected to reflect
in item 3 that the last four digits of the applicant’s SSAN is “1813.”

3.  In item 11a, the entry should reflect that he was released to the Army
Reserve of Texas.

4.  In item 11d, the effective date should reflect that he was REFRAD on
5 January 1972.

5.  In item 16, the Terminal Date of Reserve Obligation should reflect the
date of 17 July 1977.  The applicant enlisted on 17 July 1971 for a period
of 6 years; therefore, his Reserve obligation expired on 16 July 1977.
Accordingly, the terminal date of Reserve obligation should be corrected to
reflect 16 July 1977.

6.  In item 17b, the entry “6” years should be changed to reflect “NA.”

7.  In item 22b, the entry “6” years should be changed to reflect “4”
months, which is the period of his service on IADT.

8.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 5 January 1972; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 4 January 1975.  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:

__AR ___  ___FJ___  __QS ___  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:

      a.  in item 3 of his DD Form 214 dated 5 January 1972, that the last
four digits of his SSAN is 1813;

      b.  in item 11a, that he was transferred to the Army Reserve of
Texas;

      c.  in item 11d, that the effective date of his REFRAD is 5 January
1972;

      d.  in item 16, that the Terminal Date of Reserve Obligation is 16
July 1977;

      e.  in item 17b, that the entry “NA” be entered under term of service
instead of the 6 years that is currently reflected; and

       f.  in item 22b, that the entry “4” months under total active
service be entered instead of the 6 years that is currently reflected.




                            ______  Allen Raub_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005430                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061212                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19720105                                |
|DISCHARGE AUTHORITY     |AR 635-200, CH 5, SEC VII               |
|DISCHARGE REASON        |REFRAD                                  |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |189/corr 214                            |
|1.110.0000              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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