IN THE CASE OF:
BOARD DATE: 14 January 2010
DOCKET NUMBER: AR20090010985
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, correction of item 11d (Effective Date) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states, in effect, that the year listed in item 11d of his DD Form 214 should reflect the year 1967 and not 1965, as is currently shown.
3. The applicant provides his DD Form 214 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 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 record shows he was inducted into the Army of the United States and he entered active duty on 15 December 1965.
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows, in item 38, (Record of Assignments) that he was released from active duty (REFRAD) on 14 December 1967 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) for completion of his remaining Reserve obligation.
4. The applicant's Official Military Personnel File (OMPF) contains Headquarters, U.S. Army Engineer Center, Fort Belvoir, VA, Special Orders Number 264, dated 8 December 1967, which directed the applicant's REFRAD on 14 December 1967.
5. The DD Form 214 issued to the applicant upon his REFRAD shows the entry
15 December 1965 in item 10c (Date of Induction) and shows that he completed 2 years of active military service during the period covered by the DD Form 214 in item 22a(1) (Net Service This Period). Item 11d shows he was released from active duty on 14 December 1965.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army and establishes standardized policy for preparation of the DD Form 214. The version of the regulation in effect at the time provided for entering the actual separation date in item 11d.
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms the applicant was inducted into the Army of the United States and he entered active duty on 15 December 1965, and that he completed 2 years of active duty service. As a result, it is clear the year of his REFRAD was in 1967, as further evidenced by his separation orders and an entry in item 38 of his DD Form 214. Therefore, his records should be corrected to show he was REFRAD on 14 December 1967.
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 11d of his DD Form 214 the entry "14 Dec 65" and replacing it with the entry "14 Dec 67"; and
b. providing him a correction to his DD Form 214 that includes this change.
__________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) AR20090010985
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ABCMR Record of Proceedings (cont) AR20090010985
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