BOARD DATE: 14 June 2011
DOCKET NUMBER: AR20100028682
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 (Armed Forces of the United States Report of Transfer or Discharge) as follows:
* item 11d (Effective Date) to show "8 Dec 63" [8 December 1963]
* item 18c [sic, should read item 19c (Date of Entry)] to show "6 Jun 64" [6 June 1964]
2. The applicant states, in effect, that:
* his record is in error because the dates currently listed on his DD Form 214 are incorrect
* his service medical records reflect he was seen on 8 December 1964 for shots and dental work
* his Standard Form 89 (Report of Medical History) shows he was examined on 20 May 1964 and his expiration of term of service (ETS) as shown on the Standard Form 89 was 7 June 1964
3. The applicant provides:
* DD Form 214
* Standard Form 89
* Standard Form 601 (Health Record Immunization Record)
* Standard Form 608 (Health Record Dental)
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 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 record shows he enlisted in the U.S. Army Reserve (USAR) for a 6-year term on 30 September 1963. He completed training and was awarded military occupational specialty 112.00 (Heavy Weapons Infantryman).
3. A DD Form 220 (Active Duty Report), dated 10 December 1963, shows he entered active duty on 8 December 1963.
4. On 6 June 1964, he was honorably released from active duty in the rank/pay grade of private/E-2 and returned to his USAR unit of assignment. His DD Form 214 shows he completed 5 months and 29 days of active service. Item 19c shows he entered active duty on 8 December 1964.
5. 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 the standardized policy for preparing and distributing the DD Form 214. It states the DD Form 214 provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. Section III of the regulation in effect at the time contained guidance on the preparation of the DD Form 214. It stated that item 11d documented the date separation was accomplished and item 19c documented the date an enlisted Soldier entered active duty.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to show he entered active duty on 6 June 1964 and was released from active duty on 8 December 1963.
2. The evidence of record shows he entered active duty on 8 December 1963 and he was released on 6 June 1964. Therefore, item 11d of his DD Form 214 is correct; however, he is entitled to correction of item 19c to show he entered active duty on 8 December 1963 versus 8 December 1964.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__x______ ____x____ ____x_ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 19c of his DD Form 214 to read "8 Dec 63" [8 December 1963].
2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correcting item 11d of his DD Form 214.
___________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) AR20100017975
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ABCMR Record of Proceedings (cont) AR20100028682
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