IN THE CASE OF:
BOARD DATE: 15 October 2008
DOCKET NUMBER: AR20080009303
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that item 13a (Character of Service) on his DD Form 214 (Report of Transfer or Discharge) be corrected to show the entry, Honorable.
2. The applicant states that there is no character of service shown in item 13a on his DD Form 214. He contends that he has an honorable discharge in his possession.
3. The applicant provides a copy of his DD Form 214.
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 applicant enlisted on 17 March 1969 for a period of 3 years. He served as a radio relay and carrier attendant in Vietnam from 17 August 1970 to
15 August 1971 and was released from active duty on 21 December 1971.
3. Orders, dated 17 December 1971, show the applicant was released from active duty effective 21 December 1971 under the provisions of Army Regulation 635-200, chapter 5, Section II, paragraph 5-3, and Department of the Army message 102035Z dated December 1971. His SPN [Separation Program Number] is 21L [Separation for other good and sufficient reason when determined by secretarial authority].
4. Item 13a on the applicants DD Form 214 is blank.
5. The applicants records contain a Request for Military Information, dated
27 April 1972, from the State of Illinois - Department of Labor Bureau of Employment Security. This request is for verification/clarification of item 13a on the applicants DD Form 214 (i.e. what is his character of service). On 30 June 1972, military officials returned the request form and responded that his Character of service is Honorable.
DISCUSSION AND CONCLUSIONS:
The 30 June 1972 response from military officials to the Request for Military Information which states that the applicants service was honorable is accepted as sufficient evidence on which to amend item 13a of his DD Form 214 to show his character of service was honorable.
BOARD VOTE:
___XX_____ ____XX____ ____XX____ 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 all
Department of the Army records of the individual concerned be corrected by adding the entry, Honorable in item 13a on his DD Form 214.
_______ XXXX_ _______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080009303
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20080009303
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