IN THE CASE OF:
BOARD DATE: 5 April 2011
DOCKET NUMBER: AR20100023670
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 Transfer or Discharge) to show his correct discharge date.
2. The applicant states his discharge date is incorrect due to a typing error.
3. The applicant provides his 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 applicant enlisted in the Regular Army (RA) on 17 November 1966 for a period of 3 years. He served in Vietnam from 23 April 1967 to 15 April 1968. On
14 November 1969, he was released from active duty at the expiration of his term of service after completing 2 years, 11 months, and 28 days of total active service.
3. Item 11d (Effective Date [of transfer or discharge]) of his DD Form 214 shows the entry "14 Nov 66" [14 November 1966]. Item 17c (Date of Entry) of his
DD Form 214 shows the entry "17 Nov 66" [17 November 1966]. Items 22a(1) (Net Service This Period), 22a(3) (Total), and 22b (Total Active Service) of his DD Form 214 show he completed 2 years, 11 months, and 28 days.
4. Special Orders Number 265, issued by Headquarters, III Corps, Fort Hood, TX, dated 5 November 1969, show the applicant was released from active duty on 14 November 1969 and he was assigned to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.
DISCUSSION AND CONCLUSIONS:
1. Evidence shows the applicant enlisted in the RA on 17 November 1966 and he was released from active duty on 14 November 1969 after completing
2 years, 11 months, and 28 days of total active service.
2. His discharge orders also show he was released from active duty on
14 November 1969. Therefore, there is sufficient evidence in which to correct item 11d of his DD Form 214.
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 "14 Nov 66" and replacing it with the entry "14 Nov 69."
__________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) AR20100023670
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100023670
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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