IN THE CASE OF:	

		BOARD DATE:	6 August 2009    

		DOCKET NUMBER:  AR20090003312 


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, in effect, that item 11d (Effective Date) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect his separation date as 3 June 1963 instead of 
28 April 1963.

2.  The applicant states, in effect, that he was released from active duty (REFRAD) on 3 June 1963.

3.  The applicant provides his DD Form 214, REFRAD orders, and a 
DA Form 8-118 (Medical Board Proceedings) in support of his application. 

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 applicant’s 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 applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's military records show that he enlisted in the Minnesota Army National Guard (MNARNG) for 3 years, on 7 October 1962, and entered initial active duty for training (IADT) on 29 October 1962.

3.  The applicant's Official Military Personnel File (OMPF) contains a DA Form 2173 (Statement of Medical Examination and Duty Status) that shows he sustained a "stress fracture-left femur head" injury, on 26 November 1962, as a result of straining himself on a cleanup detail during basic training.  This form also shows his injury was determined to be in the line of duty, on 15 January 1963.

4.  On 28 April 1963, the applicant was honorably REFRAD.  The DD Form 214 issued to him at the time contains the entry "28 Apr 63" in item 11d.  It also contains the entries "0 6 0" in item 24a(1) (Net Service This Period); "0 0 22" in item 24a(2) (Other Service); "0 6 22" in item 24a(3) (Total); and "0 6 0" in 
item 24b (Total Active Service).  

5.  Item 32 (Remarks) of the applicant's DD Form 214 includes two entries which show the applicant was hospitalized on his IADT termination date and that he completed 6 months of IADT.  

6.  The applicant's OMPF also contains a Standard Form 502 (Clinical Record-Narrative Summary) prepared on 28 May 1963, which shows he was admitted to Fitzsimons General Hospital on 20 February 1963 as a transfer from the 
United States Army Hospital, Fort Leonard Wood, Missouri, due to trauma of protracted marching incident training on 26 November 1962.  It further shows he was administratively discharged, on 28 April 1963, and readmitted, on 29 April 1963.  The form also indicates the applicant was extended on active duty beyond his original expiration of term of service (ETS) date of 28 April 1963.

7.  A DA Form 8-118 shows a medical evaluation board recommended the applicant be returned to duty with a temporary profile and that this recommendation was approved on 28 May 1963.  Item 10 (Total Years of Military Service) shows the applicant completed 7 months of active duty service.  

8.  On 31 May 1973, Fitzsimons General Hospital issued Special Orders Number 108, which directed the applicant's reassignment to his ARNG unit on 3 June 1963, and his REFRAD on 4 June 1963.


9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that were prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The regulation in effect at the time of the applicant’s REFRAD contained item-by-item instructions for completing the DD Form 214 in Section III.   These instructions indicated, in pertinent part, that Item 11d would list the date separation was accomplished; Item 24a(1) would be the total active service completed between the date entered in Item 19c and the date entered in Item 11d; Item 24a(3) would contain the total of 24a(1) and 24a(2); and Item 24b would contain the applicant's total service performed on active duty.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show his separation date was 3 June 1963 vice 28 April 1963 was carefully considered and found to have merit.

2.  The evidence of record confirms the applicant was extended on active duty beyond his original 28 April 1963 ETS date to complete medical board processing and that he was not officially REFRAD until 4 June 1963, as evidenced by the Clinical Record NARSUM, MEB Proceedings, and REFRAD orders contained in his OMPF.  Therefore his DD Form 214 should be corrected by amending item 11d by deleting the current entry and replacing it with the entry
"3 Jun 63" and amending item 24 as follows:  item 24a(1) - delete the current entry and replace it with the entry "0  7  5"; item 24a(3) - delete the current entry and replace it with the entry " 0  7  27"; and item 24b - delete the current entry and replace it with the entry "0  7  5."  

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 amending his DD Form 214 by deleting the current entries in items 11d, 24a(1), 24a(3), and 24b and replacing them with the entry "4 June 1963" in item 11d;
"0  7  5" in item 24a(1); "0  7  27" in item 24a(3); and "0  7  5" in item 24b; and by issuing him a correction to his DD Form 214 to reflect these changes.



      _______ _   _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)                                         AR20090003312



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ABCMR Record of Proceedings (cont)                                         AR20090003312



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