IN THE CASE OF:
BOARD DATE: 7 June 2011
DOCKET NUMBER: AR20100028283
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 the effective date shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states the separation date shown on his DD Form 214 contains a typographical error in the year and should show 11 April 1967, not 11 April 1965.
3. The applicant provides a copy of his DD Form 214 in support of his request.
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. A DD Form 47 (Record of Induction) and Armed Forces Induction Station, Minneapolis, Minnesota, Acknowledgement of Service Obligation, show the applicant was inducted into the Army of the United States (AUS) for a period of 2 years on 12 April 1965.
3. Headquarters, Fort Holabird, Maryland, Special Orders Number 63, dated 29 March 1967, released the applicant from active duty on 11 April 1967 and transferred him to the U.S. Army Reserve (USAR) Control Group (Annual Training), St. Louis, Missouri.
4. The applicant's DD Form 214 shows he entered active duty on 12 April 1965. It also shows he was honorably released from active duty based on expiration of term of service and he was transferred to the USAR Control Group (Annual Training).
a. Item 11d (Effective Date) shows the entry "11 Apr 65" [11 April 1965].
b. Item 22a1 (Net Service This Period) and item 22b (Total Active Service) show he completed 2 years of total active service.
5. Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed policies and procedures regarding separation documents.
a. Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contained guidance on the preparation of the DD Form 214. It stated that all available records would be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders.
b. The instructions for item 11d stated to enter the date separation was accomplished.
DISCUSSION AND CONCLUSIONS:
Records show the applicant was inducted into the AUS for a period of 2 years on 12 April 1965 and special orders released him from active duty on 11 April 1967. This period equates to 2 years of active service and item 22a(1) and item 22b of the applicant's DD Form 214 show he completed 2 years of total active service. Thus, the entry in item 11d clearly is in error. Therefore, it would be appropriate to correct this item to show the applicant was separated from active duty on 11 April 1967.
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 deleting the entry "11 Apr 65" from item 11d of his DD Form 214 and replacing it with the entry "11 Apr 67" [11 April 1967].
_______ _ 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) AR20100028283
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ABCMR Record of Proceedings (cont) AR20100028283
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