IN THE CASE OF:
BOARD DATE: 23 November 2010
DOCKET NUMBER: AR20100013295
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 8 January 1957 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his character of service was honorable instead of under honorable conditions.
2. The applicant states he believes his DD Form 214 contains a typographical error since he was issued an Honorable Discharge Certificate.
3. He provides the following:
* 8 January 1957 DD Form 214
* 8 January 1957 Honorable Discharge Certificate
* 29 January 1963 DD Form 214
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 applicants record shows he enlisted in the Regular Army (RA) on five separate occasions and was credited with 20 years and 4 months of total active service. He was honorably retired on 31 March 1969.
3. His DD Forms 214 show the following periods of service:
* 28 December 1948 to 29 October 1953, 4 years, 10 months, and 2 days
* 8 January 1954 to 8 January 1957, 3 years and 1 day
* 30 January 1957 to 29 January 1963, 6 years
* 30 January 1963 to 29 January 1966, 3 years
* 30 January 1966 to 31 March 1969, 3 years, 2 months, and 1 day
4. Item 11c (Reason and Authority) of his DD Form 214 from 8 January 1954 to 8 January 1957 shows he was separated due to expiration of term of service (ETS). Item 13a (Character of Service) of the same form shows his character as "under honorable conditions," with a DD Form 256A (Honorable Discharge Certificate). Additionally, his Honorable Discharge Certificate certifies that he reenlisted in the RA on 8 January 1954 and he was honorably discharged on
8 January 1957.
5. His DA Form 20 (Enlisted Qualification Record) does not show his conduct and efficiency during the period January 1954 to January 1957. However, his military personnel records do not contain an administrative discharge packet or any type of derogatory information.
6. Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 1-13 provides that an honorable discharge is a separation with honor. The issuance of an honorable discharge certificate is predicated upon proper military behavior and proficient performance of duty during the member's current enlistment or period of obligated service with due consideration for the member's age, length of service, grade, and general aptitude. Where a member has served faithfully and performed to the best of his ability and there is no derogatory information in his military record, he should be furnished an honorable discharge certificate.
7. Table 1-1, Types of Discharge Certificates, of the same regulation shows that a DD Form 256A is an honorable discharge certificate.
DISCUSSION AND CONCLUSIONS:
It is obvious that an error occurred in the preparation of the applicant's 8 January 1957 DD Form 214. There is no administrative discharge or any type of derogatory information contained in his military personnel records. His DD Form 214 shows he was separated because of ETS. Both his DD Form 214 and his certificate show he was issued an Honorable Discharge Certificate. Additionally, he was allowed to reenlist in the Army 22 days after the issuance of this form. Therefore, he is entitled to correction of his records to show this period of service as honorable.
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 13a of his 8 January 1957 DD Form 214 the character of service of "Under Honorable Conditions" and adding the entry "Honorable."
___________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) AR20100013295
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ABCMR Record of Proceedings (cont) AR20100013295
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