IN THE CASE OF:
BOARD DATE: 20 January 2011
DOCKET NUMBER: AR20100020138
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 (Report of Separation from Active Duty) to show the date he entered active duty as 3 November 1970 instead of 3 November 1971.
2. The applicant states he entered the service on 3 November 1970.
3. The applicant provides no additional documentation.
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's DD Form 4 (Enlistment Contract Armed Forces of the United States) shows he enlisted in the Regular Army for 3 years on 3 November 1970. He completed training as a motor transport operator.
3. He was discharged under honorable conditions (general) on 7 June 1972. The DD Form 214 he received at that time shows the date he entered active duty as 3 November 1970.
4. On 13 February 1975, the Army Discharge Review Board (ADRB) upgraded the applicant's general discharge to an honorable discharge. The new DD Form 214 he received as a result of his discharge upgrade shows the date he entered active duty as 3 November 1971.
5. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect an individual's service as it exists on the date of release from active duty, discharge, or retirement.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted.
2. The evidence of record shows an administrative error was made during the preparation of the DD Form 214 he received as a result of his discharge upgrade by the ADRB.
3. His DD Form 4 shows he enlisted in the Regular Army on 3 November 1970 and his DD Form 214 should be corrected to show the date he entered active duty as 3 November 1970.
4. In view of the foregoing, the applicant's request should be granted.
BOARD VOTE:
____X____ ___X_____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 amending his DD Form 214 to show the date entered active duty as 3 November 1970.
____________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) AR20090005994
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100020138
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120012728
A review of the applicant's Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF), failed to reveal a copy of a DD Form 214 for the period of active duty from 19 March 1970 through 20 January 1971. Therefore, the evidence of record shows the applicant's 19 November 1971 DD Form 214 correctly shows this period of service and the date of the applicant's discharge from the RA. Therefore, the Board requests that the ARBA CMD notify the...
ARMY | BCMR | CY2005 | 20050004803C070206
The applicant requests that his days of lost time be changed on his DD Form 214 (Report of Separation from Active Duty). Item 44 (Time Lost Under 972, Title 10, United States Code and Subsequent to Normal Date ETS) on the applicant's DA Form 20 (Enlisted Qualification Record) shows he was AWOL from 4 August 1970 to 5 August 1970. On 27 January 1972, the Army Discharge Review Board (ADRB) denied the applicant's request to upgrade his discharge to honorable.
ARMY | BCMR | CY2012 | 20120001849
The applicant states, on two DD Forms 149 (Application for Correction of Military Records), the following corrections are required to his DD Form 214: * include all awards and decorations earned, and issue those awards to him * include his secondary military occupational specialty (MOS) 16C2O (Hercules Missile Fire Control Crewman) * include his security clearance * include his Hercules Missile Fire Control Crewman training 3. Service medals and awards are not issued by the Army Board for...
ARMY | BCMR | CY2005 | 20050005935C070206
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 6 December 2005 DOCKET NUMBER: AR20050005935 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Edward E. Montgomery | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. On 26 October 1982, the Army Discharge Review Board (ADRB), after careful...
ARMY | BCMR | CY2004 | 2004104796C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 9 December 2004 DOCKET NUMBER: AR2004104796 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Michael J. Flynn | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. On 10 November 1982, the Army Discharge Review Board (ADRB) determined that the...
ARMY | BCMR | CY2004 | 2004100748C070208
The applicant requests, in effect, that his undesirable discharge (UD) be upgraded to a general, under honorable conditions discharge (GD). On 23 November 1971, the applicant was discharged accordingly. The medical evidence provided by the applicant shows that he was treated for depression in September 1970 and that he indicated he suffered from depression and excessive worry in a medical history form completed during his separation processing.
ARMY | BCMR | CY2006 | 20060011989C071029
Roland S. Venable | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The record does contain a separation document (DD Form 214) that confirms on 14 December 1971, he was separated under the provisions of chapter 10, Army Regulation 635-200, for the good of the service in lieu of trial by court- martial, and that he received an UD discharge. Chapter 10 of that regulation provides, in pertinent part, that a member who has...
ARMY | BCMR | CY2008 | 20080012567
On 20 May 1971, the brigadier general serving as Commander, U.S. Army Training Center and Fort Campbell, approved the applicant's request for discharge from the U.S. Army under the provisions of Army Regulation 635-200, Chapter 10, for the good of the Service with Separation Program Number (SPN) 246; directed reduction of the applicant to the lowest enlisted grade; and the applicant be furnished a DD Form 258A (Undesirable Discharge Certificate). The DD Form 214, issued to the applicant...
ARMY | BCMR | CY2003 | 2003091818C070212
This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. An undesirable discharge was normally considered appropriate for members separating under these provisions. The Board determined that the evidence presented and the merits of this case are insufficient to warrant the relief requested, and therefore, it would not...
ARMY | BCMR | CY2004 | 2004106958C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 19 January 2005 DOCKET NUMBER: AR2004106958 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Delia R. Trimble | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. In his request for discharge, the applicant indicated that he understood that by...