IN THE CASE OF:
BOARD DATE: 25 October 2011
DOCKET NUMBER: AR20110008027
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 item 13a (Character of Service) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 11 August 1962 to show "HONORABLE."
2. The applicant states his DD Form 214 does not show he was honorably released from active duty on 11 August 1962.
3. The applicant provides his DD Form 214 and Wyoming Army National Guard (WYARNG) Special Orders Number 146, dated 20 September 1962.
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 enlisted in the WYARNG on 18 March 1957. He successfully completed basic combat and advanced individual training and he was awarded military occupational specialty 212.10 (Combat Engineer). On 6 August 1961, he was promoted to the rank and pay grade of specialist five (SP5)/E-5.
3. On 6 September 1961, he was ordered to active duty as a member of Company A, 1022nd Engineer Battalion, WYARNG.
4. His military service records contain Headquarters, Fort Lewis, WA, Special Orders Number 147, dated 8 July 1962, that show he was released from active duty on 11 August 1962 and returned to the control of the WYARNG.
5. The applicant's DD Form 214 shows he was released from active duty and returned to the control of the WYARNG on 11 August 1962. Item 13a of his DD Form 214 is blank. There is no evidence of adverse or derogatory information in the applicant's military service records during the period he was on active duty.
6. WYARNG Special Orders Number 146, dated 20 September 1962, show the applicant was honorably discharged from the WYARNG and the Reserve of the Army effective 24 September 1962. His National Guard Bureau Form 22 (Report of Separation and Record of Service) shows he was honorably discharged from the WYARNG on 24 September 1962 in the rank and pay grade of SP5/E-5.
7. 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 preparation of the DD Form 214 and states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. The version in effect at that time stated for item 13a to enter one of the following in capital letters, "HONORABLE," "UNDER HONORABLE CONDITIONS," "UNDER OTHER THAN HONORABLE CONDITIONS," or "DISHONORABLE."
DISCUSSION AND CONCLUSIONS:
The applicant contends that item 13a of his DD Form 214 for the period ending 11 August 1962 should be corrected to show honorable. The evidence of record shows he was ordered to active duty on 6 September 1961 and he was released from active duty on 11 August 1962. There is no evidence in the applicant's military service records of any adverse or derogatory information during the period he was on active duty. Therefore, it appears item 13a of his DD Form 214 for the period ending 11 August 1962 was inadvertently left blank and should be corrected to show "HONORABLE."
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 item 13a of his DD Form 214 to show "HONORABLE."
__________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) AR20110008027
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ABCMR Record of Proceedings (cont) AR20110008027
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