BOARD DATE: 5 April 2011
DOCKET NUMBER: AR20100023976
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 blood group in item 30 (Remarks) of his DD Form 214 (Report of Transfer or Discharge).
2. The applicant states:
* his blood type is wrong on his DD Form 214
* his blood group is A RH negative
3. The applicant provides:
* Two lab reports from the Department of Veterans Affairs (DVA)
* Volunteer Blood Donor card
* 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 on 28 February 1967 for a period of 4 years. He served as a squad leader in Vietnam from 15 November 1967 to 8 November 1968 and was honorably discharged on 18 February 1971.
3. Item 30 of his DD Form 214 shows, among other entries, the entry "BLOOD GR [Group] AB+ [positive].
4. His Immunization Record is not available.
5. In support of his claim, he provided medical documentation from the DVA which shows his blood group is A RH negative. He also provided his Volunteer Blood Donor card which shows his blood group is A RH negative.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. The regulation in effect at the time provided the blood group would be entered in item 30 from the Immunization Record (Standard Form 601) or the Enlisted Qualification Record.
DISCUSSION AND CONCLUSIONS:
1. He contends his blood group is A RH negative and he provided medical documentation to support this contention.
2. The DVA lab reports and his Volunteer Blood Donor card which show his blood group is A RH negative are accepted as sufficient evidence on which to amend his blood group in item 30 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 the entry "BLOOD GP AB+" in item 30 of his DD Form 214 and replacing it with the entry "BLOOD GP A RH NEGATIVE."
_______ _ 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) AR20100023976
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ABCMR Record of Proceedings (cont) AR20100023976
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