IN THE CASE OF:	

		BOARD DATE:	  28 January 2010

		DOCKET NUMBER:  AR20090014317 


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 his DD Forms 214 (Report of Transfer or Discharge) be corrected to show a date of entry on active duty of 11 February 1961 and to show his height as 6 feet tall.

2.  The applicant states he is 6 feet tall.  He is not 5 feet, 10 inches or 5 feet, 2 inches as shown on his DD Forms 214.  He entered the service on 11 February 1961, not 11 March 1961, and believes the information was incorrectly entered due to simple administrative errors.

3.  The applicant provides copies of two DD Forms 214 and his driver's license.

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.  A DD Form 4 (Enlistment Record - Armed Forces of the United States) shows the applicant enlisted in the Arkansas Army National Guard (ARARNG) on 27 February 1961 and listed his height as 69 inches (5 feet, 9 inches).

3.  A DA Form 24 (Service Record) provides the following information:

	a.  enlistment in the ARARNG on 27 February 1961 and

	b.  entry on active duty on 11 March 1961.

4.  A DA Form 20 (Enlisted Qualification Record) provides the following information:

	a.  his height as 5 feet, 11 1/2 inches;

	b.  enlistment in the ARARNG on 27 February 1961;

	c.  assignment to basic training with the ARARNG on 27 February 1961;

	d.  assignment to active duty basic combat training on 16 March 1961;

	e.  assignment to advanced individual training on 29 May 1961;

	f.  assignment to a basic training unit on 24 July 1961; and

	g.  release from active duty and return to the ARARNG on 1 September 1961.

5.  A Standard Form 88 (Report of Medical Examination) shows the applicant's height as "61 1/2" (5 feet, 1 1/2 inches).

6.  A 1 September 1961 DD Form 214 lists the applicant's period of active duty for training (ACDUTRA) as 11 March 1961 through 1 September 1961.  His height is listed as 5 feet, 10 inches.

7.  A 13 April 1965 DD Form 214 shows his service on active duty from 19 April 1963 through 13 April 1965.  His height is listed as 5 feet, 2 inches.

8.  A 15 December 1965 National Guard Bureau Form 22 (Report of Separation and Record of Service in the U.S. Army National Guard of Arkansas) shows the applicant's periods of service as in the ARARNG from 27 February 1961 through 18 April 1963 and in the U.S. Army from 19 April 1963 through 13 April 1965.  It shows a period of ACDUTRA of 6 months from 11 March 1961 through 1 September 1961.  His height is listed as 5 feet, 11 1/2 inches.
9.  The applicant's driver's license lists his height as 6 feet.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he is 6 feet tall not 5 feet, 10 inches or 5 feet, 2 inches.  He entered the service on 11 February 1961 not 11 March 1961 and believes that due to simple administrative errors the information was entered incorrectly.

2.  The applicant's official military documents show his height as varying from 5 feet, 1 1/2 inches to 5 feet, 11 1/2 inches.  Although his driver's license shows his current height as 6 feet, none of the official military documents show a height of 6 feet.  The difference between the greatest height recorded in the applicant's official military records of 5 feet, 11 1/2 inches and the applicant's assertion of a height of 6 feet could be based on a growth of 1/2 inch since his period of service, the presence or absence of shoes, or an administrative determination of not recording 1/2-inch increments.  The height shown on a driver's license is provided by the licensed driver and is not validated by the licensing facility.

3.  Based on the disparity of heights recorded in official military documents and that of the applicant's current driver's license, it is reasonable to assume that the applicant was 5 feet, 11 1/2 inches tall at the time of the issuance of the DD Forms 214.  Therefore, it is appropriate to correct these documents to show his height as 5 feet, 11 1/2 inches.

4.  The applicant did not enlist in the ARARNG until 27 February 1961.  He is shown to have entered active duty for training on 11 March 1963; therefore, the date of 11 March 1963 is correct on the 1 September 1961 DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x____  ___x_____  ___x_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by correcting his DD Forms 214 to show his height as 5 feet, 11 1/2 inches.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to showing his date of entry on active duty as 11 February 1961 and his height as 6 feet.



      ___________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)                                         AR20090014317



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ABCMR Record of Proceedings (cont)                                         AR20090014317



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