IN THE CASE OF:
BOARD DATE: 17 May 2012
DOCKET NUMBER: AR20110021997
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his blood type as
A positive (POS).
2. The applicant states his blood was retested and shows his blood type as
A POS.
3. The applicant provides a copy of his blood test, dated 28 January 2011.
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. On 26 September 1968, the applicant was inducted into the Army of the United States. He completed training and he was awarded military occupational specialty 11B (light weapons infantryman).
3. His record contains a Standard Form (SF) 601 (Health Record - Immunization Record) that shows on 27 September 1968, the applicant's blood type was determined to be A negative (NEG).
4. A DA Form 428 (Application for Identification Card), dated 30 September 1968, shows his blood type as A NEG.
5. On 29 April 1970, the applicant was honorably released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation. He had attained the rank/grade of specialist four (SP4)/E-4. He completed 1 year, 7 months, and
4 days of total active service.
6. Item 30 (Remarks) of the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued at the time shows the entry "BLOOD GROUP: A NEG."
7. Army Regulation 635-5 (Separation Documents) as in effect at the time, provided detailed instructions for completing separation documents, including the DD Form 214. It provided for an entry in Item 30 showing the Soldier's blood group.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record clearly shows that at the time of his military service his blood group was determined to be A NEG.
2. In this case, the evidence of record is in conflict with a recent testing of the applicant's blood as provided by the applicant. Unfortunately, the available evidence is insufficient to show that the original testing in 1968 was incorrect.
3. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created. In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed. While it is understandable the applicant desires to now record his perceived correct blood
type in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
4. The applicant is advised that a copy of this decisional document, which shows a difference in his blood type, will be filed in his Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference in the blood type recorded in his military record and to satisfy his desire to have his correct blood type documented in his OMPF.
5. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.
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) AR20110021997
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ABCMR Record of Proceedings (cont) AR20110021997
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