IN THE CASE OF:	 

		BOARD DATE:	  08 June 2010

		DOCKET NUMBER:  AR20090020107 


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 separation date on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states he served on active duty in the Army for 2 years from 22 June 1966 to 21 June 1968.  He also states the effective date on his DD Form 214 is obviously incorrect because it shows he was separated 1 day before he was actually inducted.  He adds this must be a typographical error.

3.  The applicant provides copies of his DD Form 214 and DD Form 256A (Honorable Discharge Certificate).

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.  Armed Forces Examining and Entrance Station, Pittsburgh, PA, Special Orders Number 122, dated 22 June 1966, show the applicant was inducted into the Army of the United States (AUS) for a period of 24 months on 22 June 1966.

3.  Headquarters, 74th Artillery Group (Air Defense), Naval Air Station, Olathe, KS, Special Orders Number 87, dated 7 May 1968, assigned the applicant to the Transfer Point, U.S. Army Garrison, Fort Leavenworth, KS.  The orders show his basic active service date as 22 June 1966, he had an active duty commitment of 2 years, and his expiration of term of service (ETS) date as 21 June 1968.

4.  The applicant's DA Form 20 (Enlisted Qualification Record), item 11 (Enlisted, Inducted, Reenlisted, Extended, and/or Ordered to Active Duty), shows he entered the AUS on 22 June 1966 for a period of 24 months and his ETS date was 21 June 1968.

5.  The applicant's DD Form 214 shows in:

   a.  item 10 (Selective Service Data), block c (Date Inducted) - 22 June 1966;

	b.  item 11 (Transfer or Discharge Data), block d (Effective Date) - 21 June 1966;

   c.  item 16 (Terminal Date of Reserve Service Obligation) - 20 June 1972;

   d.  item 17b (Term of Service) - 2 [years]; and

   e.  item 22 (Statement of Service), section a (Creditable for Basic Pay Purposes), block (1) (Net Service This Period) and block (3) (Total) - 2 years, 0 months, and 0 days.

6.  U.S. Army Reserve Components Personnel and Administration Center, St. Louis, MO, Letter Orders Number 05-1196134, dated 24 May 1972, honorably discharged the applicant from the U.S. Army Reserve effective 21 June 1972.

7.  A DD Form 256A shows the applicant was honorably discharged from the U.S. Army effective 21 June 1972.

8.  Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed policies and procedures regarding separation documents.  It also established standardized policy for preparing and distributing the DD Form 214.  The purpose of a separation document is to provide the individual with documentary evidence of his or her military service at the time of separation.  It is important that the information entered thereon is complete and accurate as of that date.

9.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) provides guidance on the preparation of the DD Form 214.  All available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders.  Item 11d states enter date separation is accomplished.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the separation date on his DD Form 214 should be corrected to 21 June 1968 because he served on active duty for 2 years and the date 21 June 1966 is obviously incorrect.

2.  Records show the applicant was inducted into the AUS and entered active duty on 22 June 1966.

3.  He was honorably released from active duty on 21 June 1968.

4.  This period of active duty service equates to 2 years, 0 months, and 0 days.  Item 22a(1) of his DD Form 214 confirms this service.

5.  Therefore, it would be appropriate to correct item 11d of his DD Form 214 to show he was separated from active duty effective 21 June 1968.

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 deleting from item 11d of his DD Form 214 the entry "21 Jun 66" and adding the entry "21 Jun 68."



      ___________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)                                         AR20090020107



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ABCMR Record of Proceedings (cont)                                         AR20090020107



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