IN THE CASE OF:
BOARD DATE: 2 October 2008
DOCKET NUMBER: AR20080011404
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 the date of discharge on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be changed.
2. The applicant states, in effect, that he could not have been discharged a day before he entered active duty.
3. The applicant provides his DD Form 214.
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:
Counsel makes no additional statement.
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 was inducted into the Army on 25 January 1966 for 2 years.
3. The applicants separation orders show he was to be released from active duty on 24 January 1968.
4. Item 11d (Effective Date of Transfer or Discharge) of his DD Form 214 shows he was released from active duty on 24 January 1966.
DISCUSSION AND CONCLUSIONS:
Item 11d of the applicants DD Form 214 contains a typographical error. His DD Form 214 should be amended to show he separated on 24 January 1968.
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:
a. deleting the entry, 24 Jan 66 from item 11d of his DD Form 214; and
b. adding the entry, 24 Jan 68 to item 11d of 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) AR20080011404
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080011404
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080013093
Application for correction of military records (with supporting documents provided, if any). The applicants induction record, 13 September 1966, shows he was born on 2 June 1947. DISCUSSION AND CONCLUSIONS: The preponderance of evidence in this case shows the applicant was born on 2 June 1947.
ARMY | BCMR | CY2013 | 20130008169
IN THE CASE OF: BOARD DATE: 28 January 2014 DOCKET NUMBER: AR20130008169 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). The applicant provides his DD Form 214.
ARMY | BCMR | CY2008 | 20080012049
The applicant requests, in effect, correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Combat Infantryman Badge, the Bronze Star Medal, the Purple Heart, one additional bronze service star to be affixed to his Vietnam Service Medal, the Presidential Unit Citation, the Valorous Unit Award, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, two awards of the Overseas Service Bar, and the Good Conduct Medal. He...
ARMY | BCMR | CY2012 | 20120017052
The applicant provides his DD Form 214. Evidence of record clearly shows the applicant was approved for REFRAD under the provisions of Army Regulation 635-200 due to hardship with an effective date of 9 January 1969. ____________x_____________ 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.
ARMY | BCMR | CY2009 | 20090020107
Armed Forces Examining and Entrance Station, Pittsburgh, PA, Special Orders Number 122, dated 22 June 1966, show the applicant was inducted into the Army of the United States (AUS) for a period of 24 months on 22 June 1966. Records show the applicant was inducted into the AUS and entered active duty on 22 June 1966. Therefore, it would be appropriate to correct item 11d of his DD Form 214 to show he was separated from active duty effective 21 June 1968.
ARMY | BCMR | CY2013 | 20130008830
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of item 11d (Effective Date) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the effective date of his release from active duty (REFRAD) as 6 August 1968 instead of 6 August 1966. Item 11d of his DD Form 214 shows the effective date of his REFRAD as 6 August 1966.
ARMY | BCMR | CY2009 | 20090012991
The evidence of record shows that the applicant was inducted into the Army of the United States and entered active duty on 12 April 1966; he was separated on 12 January 1968. _______ _ X______ ___ 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) AR20090012991 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of...
ARMY | BCMR | CY2011 | 20110014016
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 10 December 1968 to show: * his social security number (SSN) as "5XX-XX-XXXX" instead of "2XX-XX-XXXX" * his entry date as 16 instead of 23 August 1966 * three awards of the Army Commendation Medal 2. The applicant completed three periods of service (induction, enlistment, and reenlistment) and he was issued a separate DD Form 214 for each period of...
ARMY | BCMR | CY2012 | 20120009045
ARMY | BCMR | CY2010 | 20100018654
Application for correction of military records (with supporting documents provided, if any). Therefore, it would be appropriate at this time to correct this error by correcting item 1 of his DD Form 214 to show his last name spelled as Hillier. 2. Therefore, it would be appropriate at this time to correct item 11d of his DD Form 214 to show he was REFRAD effective 1 September 1968.