IN THE CASE OF:
BOARD DATE: 26 MARCH 2009
DOCKET NUMBER: AR20080017846
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his effective date of release from active duty (REFRAD) as 19 August 1969. He also requests that his DD Form 214 be corrected to reflect that he was REFRAD in the rank and pay grade of specialist four (SP4)/E-4.
2. The applicant states that his date of discharge is incorrectly reflected on his DD Form 214 as he had 1 year, 9 months, and 26 days of total active service. He further states that he is applying for a hearing loss disability and he needs to have all his documents correct.
3. The applicant provides in support of his application, 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 requested that his DD Form 214 be corrected to reflect that he was REFRAD in the rank and pay grade of specialist four (SP4)/E-4. His DD Form 214 currently shows in item 5a (Grade, Rate, or Rank) the entry "SP4 (T)" and item b (Pay Grade) shows the entry "E-4." Item 6 (Date of Rank) shows the entry "10 DEC 68." Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.
3. The applicant was inducted into the Army of the United States on 24 October 1967 at Los Angeles, California. He successfully completed his training and was awarded military occupational specialty (MOS) 71H (Personnel Specialist).
4. On 18 August 1969, Special Orders Number 230, published by Headquarters, U.S. Army Personnel Center, Fort Lewis, WA, released the applicant from active duty with an effective date of 19 August 1969 and transferred him to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.
5. Item 11d (Effective Date) of his DD Form 214 shows the entry "19 AUG 68" as his date of REFRAD and transfer to the USAR.
6. Army Regulation 635-5 (Personnel Separations Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part it states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show the effective date of his REFRAD as 19 August 1969.
2. His contention has been noted and found to have merit. An apparent error was made during the preparation of the applicant's DD Form 214 which resulted in item 11d of his DD Form 214 showing the entry 19 August 1968. The
applicant entered active service on 24 October 1967 and served for a period of
1 year, 9 months, and 26 days, which equates to a date of discharge of
19 August 1969. Therefore, his DD Form 214 should be corrected to reflect the correct REFRAD date.
3. In view of the foregoing, it would now be in the interest of justice to correct the applicant's records as recommended below.
BOARD VOTE:
___X_____ __X______ ___X_____ 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 deleting from item 11d of his DD Form 214 the entry "19 AUG 68" and replacing it with the entry "19 AUG 69."
________XXX______________
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) AR20080017846
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080017846
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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 | CY2010 | 20100022867
IN THE CASE OF: BOARD DATE: 19 April 2011 DOCKET NUMBER: AR20100022867 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The evidence of record shows the applicant was promoted to the temporary rank/pay grade of SP5/E-5 under the authority of SO Number 234, Headquarters, 4th Infantry Division. His record shows he was permanently appointed in rank/pay grade SP5/E-5 on 22 October 1969, which is the day after he was released from active duty.
ARMY | BCMR | CY2013 | 20130010681
Although there are no orders in the available records showing he was promoted to the rank of SP5, documents in his records dated 19 August 1969 and later show that his rank and grade is SP5/E-5. Accordingly, his DD Form 214 should be corrected to show that his rank was SP5, his pay grade was E-5 and his Date of rank was 19 August 1969. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * Deleting the entries SP4 (P) E-4...
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 | CY2012 | 20120024627
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect his correct Social Security Number (SSN), Date of Birth (DOB) and the date of his release from active duty (REFRAD). At the time of his induction, his SSN was recorded in his records as having the last four digits of 7820 and his DOB was recorded as 19 August. His records show the last four of his SSN as 7820 and were incorrectly reflected as 7280,...
ARMY | BCMR | CY2013 | 20130021967
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: a. in item 6 (Date of Rank) his correct date of rank (DOR); b. in item 11d (Effective Date) he was discharged on 15 December 1969; and c. in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) he was awarded the Air Medal (AM) and Bronze Star Medal (BSM). The applicant's DA Form 20 (Enlisted...
ARMY | BCMR | CY2012 | 20120000140
The evidence of record shows the applicant's REFRAD date was 16 December 1969. The evidence of record also shows his primary MOS at the time of his REFRAD was 55B (awarded at the time of his appointment to E-4) and it is properly shown in Item 23a of his DD Form 214. Neither the evidence submitted with the application nor the evidence of record supports his request nor does it establish that Item 23a of his DD Form 214, which is a record of ones primary MOS, should reflect MOS 67Y.
ARMY | BCMR | CY2011 | 20110019613
The applicant states, in effect: * His DOR is 9 September 1966, not 9 September 1967 * He was inducted on 25 or 26 May 1965, not 27 May 1966 * He was separated on 29 April 1969, not 6 April 1968 * Item 25 of his DD Form 214 should show he completed basic combat training (BCT) and advanced individual training (AIT) * He completed the 8-week Wireman course in 1965, not 1966 * Item 25 of his DD Form 214 should show he completed the 8-week Switchboard Course, 2-week Film Projection School, and...
ARMY | BCMR | CY2010 | 20100009900
The applicant provides the following documents: * DD Form 214 * General Orders Number 34, dated 25 April 1969, awarding him the Purple Heart for wounds received in action on 24 April 1969 * General Orders Number 136, dated 16 May 1969, awarding him the Combat Infantryman Badge * General Orders Number 524, dated 18 January 1969, awarding him the Army Commendation Medal * DA Form 8-275-3 (Clinical Record Cover Sheet), dated 25 April 1969 * Air Medal citation and certificate * three military...
ARMY | BCMR | CY2008 | 20080009316
Application for correction of military records (with supporting documents provided, if any). Item 2 (Grade) shows the FSM held the rank of PFC and Item 3 (Date of Rank) shows 20 February 1969. Item 24 of the FSM's DD Form 214, as amended by a DD Form 215 (Correction to the DD Form 214) issued on 25 June 2007, shows the FSM earned the following awards during his active duty tenure: NDSM, BSM with "V" Device and 1st Oak Leaf Cluster, RVNCM, VSM, AM and CIB.