IN THE CASE OF:
BOARD DATE: 6 December 2011
DOCKET NUMBER: AR20110010681
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) to show he was released from active duty in 1968 instead of 1965. It appears he is also requesting correction of his medical records.
2. The applicant states that his medical history does not show an injury received while stationed in Italy or time spent at the 97th General Hospital in Frankfurt, Germany.
3. The applicant provides no additional evidence.
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 contends his medical history does not show an injury received while stationed in Italy or time spent at the 97th General Hospital in Frankfurt, Germany. However, he did not address the specific errors or corrections he is requesting. Therefore, the issues are unclear and as a result they will not be discussed further in this Record of Proceedings. He has been informed by separate correspondence of the disposition of these portions of his request.
3. The applicant was inducted into the Army of the United States on 5 December 1966 and he was awarded military occupational specialty 32D (Station Technical Controller) upon completion of initial entry training.
4. Headquarters, U.S. Army Personnel Center, Fort Hamilton, NY, Special Orders Number 226, dated 15 November 1968, directed the applicant's release from active duty effective 15 November 1968.
5. Item 11d (Effective Date) of his DD Form 214 shows 15 November 1965.
6. Army Regulation 635-5 (Separations 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. It 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.
DISCUSSION AND CONCLUSIONS:
The applicant was inducted into the Army on 5 December 1966. His separation orders show the date of his release from active duty as 15 November 1968; however, his DD Form 214 shows his release date as 15 November 1965. It is evident an error was made in the preparation of his DD Form 214. Therefore, his DD Form 214 should be corrected to show his effective date of release from active duty as 15 November 1968.
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 amending his DD Form 214 by correcting item 11d to show 15 November 1968.
_______ _ _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) AR20110010681
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ABCMR Record of Proceedings (cont) AR20110010681
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