IN THE CASE OF:
BOARD DATE: 23 September 2008
DOCKET NUMBER: AR20080011868
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) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with the period ending 12 June 1969 be corrected to read "Honorable."
2. The applicant states, in effect, that someone made an honest mistake while filling out his DD Form 214 when he separated from the military by leaving his characterization of service on the document blank. He states that he did not notice the error until the Department of Veterans Affairs brought it to his attention.
3. The applicant provides his DD Form 214; his DA Form 20 (Enlisted Qualification Record); a U.S. Army Honorable Discharge Certificate, dated
17 January 1972; and U.S. Army Reserve Components Personnel and Administration Center Letter Orders Number 01-1000571, dated 5 January 1972.
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 in the Regular Army on 7 September 1966 and successfully completed basic training and advanced individual training. He was awarded military occupational specialty 72B (Communications Center Specialist).
3. Headquarters, U.S. Army Armor Center Special Orders Number 116, dated
10 June 1969, show that the applicant would be released from active duty and honorably transferred to the U.S. Army Reserve Control Group (Reinforcement) effective 12 June 1969.
4. On 12 June 1969, the applicant was honorably released from active duty by reason of early separation to attend college after completing 2 years, 9 months, and 3 days of creditable active service with 3 days time lost.
5. Item 13a of the applicant's DD Form 214 with the period ending 12 June 1969 shows a blank entry.
DISCUSSION AND CONCLUSIONS:
Evidence of record shows that the applicant was honorably released from active duty on 12 June 1969. Therefore, item 13a of his DD Form 214 with the period ending 12 June 1969, should be corrected to add "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 amending the applicant's DD Form 214 to add "Honorable" in item 13a.
_______ _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) AR20080011868
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