IN THE CASE OF:
BOARD DATE: 13 May 2010
DOCKET NUMBER: AR20090017517
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 to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was honorably discharged from active duty.
2. The applicant states he was honorably discharged and he received an honorable discharge certificate, but his DD Form 214 was not properly completed. Specifically, item 13a (Character of Service) was left blank. He states his record should be corrected so he can seek employment.
3. The applicant provides a copy of his DD Form 214 with a separation date of 6 June 1969.
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 received his appointment as a Reserve commissioned officer of the United States on 29 January 1965.
3. After a 2-year delay, the applicant reported to active duty on 7 June 1967 for a 2-year commitment period as shown in item 6 (Date of Current Tour) of the applicant's DD Form 66 (Officer Qualification Record).
4. On 15 October 1968, the applicant declined promotion to captain.
5. On 6 June 1969, the applicant was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement). The reason and authority for his separation as shown on his DD Form 214 was due to his expiration of his term of service under the provisions of Army Regulation
135-173 (Reserve Components Relief of Officers and Warrant Officers from Active Duty). A review of his DD Form 214 shows no entries in items 13a or in 17c (Date of Entry).
6. There are no records of court-martial, punishment under the provisions of Article 15 of the Uniform Code of Military Justice, or any other derogatory information that would warrant separating the applicant with less than an honorable discharge.
7. The applicant was honorably discharged from the USAR Control Group (Standby) on 31 March 1971. The reason for his discharge was officer resignation.
8. Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214. The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. All available records are used as a basis for preparing the DD Form 214, including the DA Form 201 (Military Personnel Records Jacket), separation orders, DA Form 66 (Officer Qualification Record), DD Forms 214 for prior service personnel, and any other available records. For officer personnel in item 17c enter the date of entry on current tour of active duty as shown in item 6, DA Form 66. Normally only the word "honorable" may be used if an officer is released from active duty and reverts to USAR control.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 was not properly completed when he was released from active duty on 6 June 1969. His DD Form 214 does not show his characterization of service upon his release from active duty.
2. Based on the available evidence, regulatory guidance, and a lack of derogatory information that would warrant a lesser characterization of service, the applicant is entitled to a correction of his records to show he was honorably released from active duty.
3. While the applicant did not request it, a second correction to his published
DD Form 214 would be appropriate for it lacks the date he entered active duty. Therefore, it would be appropriate to correct his DD Form 214 to show in item 17c 7 June 1967 as the date he entered onto active duty.
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 correcting his DD Form 214 with a separation date of 6 June 1969 to show in:
* item 13a his character of service as honorable
* item 17c his date of entry onto active duty as 7 June 1967
___________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) AR20090017517
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