BOARD DATE: 30 July 2009
DOCKET NUMBER: AR20090004304
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show that he was released from active duty on 20 November 1966.
2. The applicant states that the entry on his DD Form 214 which shows that he served 3 years and 3 months of active duty, and the entry showing he had a date of rank after the date currently indicated as the date he was released from active duty, show that an error was made on his date of separation. He needs this correction for Social Security purposes.
3. The applicant provides 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's military records could not be located and are presumed to have been destroyed in the fire at the records repository at St. Louis, MO in 1973. The only records available are the applicant's DD Form 214 and Special Orders Number 168 dated 21 August 1963 which shows that the applicant was ordered to active duty and given the enlistment option of United States Army Europe.
3. The applicant's DD Form 214 shows that he enlisted for 3 years on 21 August 1963, served 3 years and 3 months of active duty of which 2 years, 10 months, and 12 days were served in Europe, and had a date of rank to pay grade E-5 of 14 October 1965.
4. The applicant's DD Form 214 shows that he was released from active duty on 20 November 1964.
DISCUSSION AND CONCLUSIONS:
1. The applicant's date of rank and time spent overseas conclusively show that he was not released from active duty in 1964.
2. While orders are not available to show the applicant's actual separation date, the 3 years and 3 months of active duty reflected on his DD Form 214 would make his date of release from active duty 20 November 1966. As such, it would appear that the current entry for his date of separation on his DD Form 214, 20 November 1964, was correct in everything but the year.
3. The applicant's almost 3 years of foreign service, and his date of rank to pay grade E-5, would indicate that applicant did in fact serve 3 years and 3 months of active duty.
4. As such, it would be in the interest of justice to now correct the applicant's DD Form 214 to show he was released from active duty on 20 November 1966.
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 the DD Form 214 of the individual concerned be corrected by showing he was released from active duty on 20 November 1966.
_______ _ _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) AR20090004304
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ABCMR Record of Proceedings (cont) AR20090004304
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