IN THE CASE OF:
BOARD DATE: 16 December 2010
DOCKET NUMBER: AR20100015556
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 effective date of release from active duty shown in item 11d (Effective Date) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. He states he believes his DD Form 214 should reflect a discharge date of 21 July 1972. He believes his DD Form 214 is incorrect due to a clerical error or administrative oversight. As a minimum, the issuance of a DD Form 215 (Correction to DD Form 214) stipulating he was discharged as of 21 July 1972 is warranted.
3. He provides:
* DD Form 214
* Army Review Personnel Data Review
* U.S. Army Reserve (USAR) discharge orders
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:
Counsel provides no request, statement, or additional evidence.
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. His military records show he was inducted into the Army of the United States on 1 August 1966 for 2 years. He completed training and was awarded military occupational specialty 63H (Automobile Repairman).
3. He was honorably released from active duty in pay grade E-3 on 31 July 1968 at the expiration of his term of service and he was transferred to the USAR Control Group (Annual Training).
4. He was issued a DD Form 214 at the time of his release from active duty which shows "31 July 1968" in item 11d. Item 22a (Net Service This Period) shows he was credited with 2 years of net active service.
5. Letter Orders Number 06-1205615, dated 21 June 1972, were issued discharging him from the USAR on 31 July 1972 at the expiration of his term of service.
6. Army Regulation 635-5 (Separation Documents), then in effect, governed the preparation of the DD Form 214. This regulation stated that a DD Form 214 would be prepared for all personnel at the time of their retirement, discharge, or release from active duty. The date the Soldier was released from an active duty status would be shown in item 11d.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was inducted into the Army of the United States for 2 years and entered active duty on 1 August 1966. He was released from active duty at the completion of his 2 years on 31 July 1968 and he was issued a DD Form 214. Upon his release from active duty he was transferred to the USAR where he served until his discharge on 31 July 1972.
2. In accordance with regulatory guidance, item 11d of his DD Form 214 properly shows the date 31 July 1968 as his effective date of separation from active duty. Therefore, he is not entitled to correction of this DD Form 214 to show he was released from active duty on 21 July 1972.
3. In view of the foregoing, there is no basis for granting his request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ___X____ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
__________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) AR20100015556
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ABCMR Record of Proceedings (cont) AR20100015556
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