IN THE CASE OF:
BOARD DATE: 2 February 2012
DOCKET NUMBER: AR20110015869
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 to Item 32 (Remarks) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show Blood Group "A" instead of Blood Group "O."
2. The applicant states that showing the wrong blood type is critical.
3. He provides:
* DD Form 214
* Blood typing results
* Life South Community Blood Centers Post Donation Recommendations
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's military record shows he enlisted in the Regular Army on 9 October 1961.
3. His record contains a Standard Form 601 (Health Record - Immunization Record) which shows his blood typing as "O."
4. He was honorably released from active duty in pay grade of E-5 on 10 July 1964 and was transferred to the U.S. Army Reserve Control Group (Reinforcement).
5. Item 32 of his DD Form 214 contains the entry, Blood Group: "O."
6. He provided documentation, dated July and August 2011, which shows his blood type is "A."
7. Army Regulation 635-5 (Separation Documents), dated 13 August 1963, specified that Item 32 would list the blood group from the Immunization Record (Standard Form 601).
DISCUSSION AND CONCLUSIONS:
The applicant contends and submits documentation that his Blood Group is "A"; however, the evidence of record shows his blood type was listed as "O." Since there is conflicting evidence and since presumably his DD Form 214 is not currently being used by his medical care system as the official authority concerning his blood type, there is insufficient evidence on which to amend Item 30 of his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ___X_____ ___X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ _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) AR20110015869
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ABCMR Record of Proceedings (cont) AR20110015869
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