IN THE CASE OF:	  

		BOARD DATE:	  31 August 2010

		DOCKET NUMBER:  AR20100011925 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his date of release as 12 May 1966 and completion of 2 years of active duty service.

2.  The applicant states he was on active duty until 12 May 1966.

3.  The applicant provided copies of his DD Form 214, DA Form 1811 (Physical and Mental Status on Release from Active Service), transition orders, and separation orders.

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.  On 13 May 1964, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and was awarded military occupational specialty 71B (Clerk).  He was subsequently assigned to Fort Carson, Colorado.

3.  On 10 February 1965, the applicant departed Fort Carson for duty in the Federal Republic of Germany where he performed duty as a clerk with Headquarters and Headquarters Company, 7th U.S. Army.

4.  Special Orders Number 67 Extract, Headquarters, Special Troops, 7th U.S. Army, undated, directed the applicant to report to the 11th Transportation Command located at Bremerhaven, Germany, not later than 29 April 1966.  His ultimate assignment was to the U.S. Army Transfer Station, Fort Hamilton, New York.

5.  Special Orders Number 124 Extract, Headquarters, U.S. Army Personnel Center, Fort Hamilton, New York, dated 4 May 1966, authorized the early release of the applicant as an overseas returnee with a release date of 7 May 1966.

6.  His DA Form 1811 shows that on 7 May 1966 the applicant was considered physically qualified for separation or reenlistment.

7.  On 7 May 1966, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  He had attained the rank of specialist four/pay grade E-4 and had completed 1 year, 11 months, and 25 days of creditable active duty service.

8.  Item 11d (Effective Date) of the applicant's DD Form 214 shows his date of release as 7 May 1965.  Item 24a (Net Service This Period) shows 1 year, 11 months, and 25 days.

9.  Army Regulation 635-5 (Separation Documents), then in effect, provided detailed instructions for completing separation documents, including the DD Form 214.  It provided for the date of induction in item 16 (Date Inducted), the effective date of separation in item 11d, and for the net service during the current period in item 24a.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his date of release as 12 May 1966 and completion of 2 years of active duty service.

2.  The available evidence clearly shows the applicant was inducted and entered active duty on 13 May 1964.  He served on active duty until his release on 7 May 1966, making his total active duty service equal to 1 year, 11 months, and 25 days.

3.  Furthermore, the applicant's DD Form 214 incorrectly shows his effective date of release as 7 May 1965.  This should be corrected to read 7 May 1966.

4.  The applicant's contention that he served on active duty until 12 May 1966 is not supported by the available evidence.  Therefore, his request to show on his DD Form 214 that he was released on 12 May 1966 should be denied.

5.  However, as a matter of justice, and to preclude any possible difficulties for the applicant, an entry should be added to item 32 (Remarks) of his DD Form 214 indicating he completed his first full period of active duty service.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined 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, in particular his DD Form 214, be corrected by:

	a.  showing in item 11d:  "7 May 1966" and

	b.  adding to item 32:  "Service member separated early at the convenience of the government and has completed his first full term of service."

2.  The Board further determined 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 he was released from active duty on 12 May 1966 or that he completed 2 years of active duty service.



      ____________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)                                         AR20100011925



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ABCMR Record of Proceedings (cont)                                         AR20100011925



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