IN THE CASE OF:
BOARD DATE: 26 August 2009
DOCKET NUMBER: AR20090004697
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 the effective date of separation on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states that the induction and separation dates cannot be the same as his total time in service is 1 year, 6 months, and 1 day. He further states he was granted an early out discharge on or about 17 June 1972.
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 was inducted into the Army of the United States on
16 December 1970. He successfully completed basic combat and advanced individual training, and he was awarded military occupational specialty (MOS) 95C (Correctional Specialist).
3. On 7 June 1971, the applicant was assigned to the 551st Military Police Company, Fort Polk, LA.
4. By memorandum, dated 22 May 1972, the applicant's request for early release from the Army was approved with an effective release date of 16 June 1972.
5. Headquarters, U.S. Army Training Center, Fort Polk, Special Orders Number 142, dated 24 May 1972, show the applicant's release date from active duty as 16 June 1972.
6. On 16 June 1972, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation. Evidence of records shows he completed 1 year, 6 months, and 1 day of creditable active service with no time lost.
7. Item 11d (Effective Date) of the applicant's DD Form 214 erroneously shows the applicant separated from active service on 16 December 1970, the same date he was inducted into the Army of the United States.
8. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents that would be furnished each individual separated from the Army and established standardized procedures for the preparation and distribution of these documents. The purpose of a separation document is to provide the individual with documentary evidence of his/her military service. It is a vital record for interested Government agencies which assist the veteran in obtaining the rights and benefits to which he/she is entitled. Therefore, it is important that information entered is complete and accurate. It also established standardized policy for the preparation of the DD Form 214. It stated that for Item 11d, enter the date separation was accomplished.
DISCUSSION AND CONCLUSIONS:
The applicant contends that the effective date of separation on his DD Form 214 should be corrected to show 16 June 1972. Headquarters, U.S. Army Training
Center, Fort Polk, Special Orders Number 142, dated 24 May 1972 and his request for early release memorandum, dated 22 May 1972, confirm that his separation date from active duty was 16 June 1972. Therefore, Item 11d of his DD Form 214 should be corrected to show 16 June 1972.
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:
a. deleting from item 11d of the applicant's DD Form 214 the entry "16 Dec 70"; and
b. adding to item 11d of the applicant's DD Form 214 the entry "16 June 1972."
___________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) AR20090004697
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ABCMR Record of Proceedings (cont) AR20090004697
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