RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 17 April 2008
DOCKET NUMBER: AR20070018005
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.
Director
Analyst
The following members, a quorum, were present:
Chairperson
Member
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 the effective date of his release from active duty, as shown on his DD Form 214, Report of Separation From Active Duty, be corrected.
2. The applicant states that he missed all of his out-processing procedures, and he immediately joined the police department. As such, nobody caught the error until he became employed by the U.S. Postal Service in 2006.
3. The applicant provides his DD Form 214, Orders 10-1123170 dated 26 October 1977 which discharged him from the U.S. Army Reserve (USAR), and Special Orders Number 238 dated 5 November 1974 which show the applicant was released from active duty on 7 November 1974 and transferred to the USAR Control Group the following day.
CONSIDERATION OF EVIDENCE:
1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants military records show that he enlisted in the Regular Army on 8 November 1971, completed training to be a military policeman in January 1972, completed Basic Airborne training on 21 June 1972, and served the remainder of his enlistment assigned to a military police company located at Fort Bragg, North Carolina.
3. He was honorably released from active duty on 7 November 1974. However, Item 9d of his DD Form 214, Effective Date, has 8 November 1971 entered.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows conclusively that the applicant was released from active duty on 7 November 1974. As such, an error was obviously made when the effective date of the applicants separation was listed as 8 November 1971.
2. As such, it would be appropriate to correct Item 9d of the applicants DD Form 214 to show he was released from active duty on 7 November 1974.
BOARD VOTE:
__JLP __ __TSK__ __DWT__ 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. As a result, the Board recommends that Item 9d of the DD Form 214 of the individual concerned be corrected by showing he was released from active duty on 7 November 1974.
___ TSK ___
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20070018005
3
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA 22202-4508
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