IN THE CASE OF:
BOARD DATE: 23 August 2012
DOCKET NUMBER: AR20120004662
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 11d (Effective Date) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the month he was released from active duty as August vice April.
2. The applicant states the discharge date on his DD Form 214 is incorrect. It should be August 1966, but he does not remember the exact day. He was in the Army for 25 months, 13 of those months were spent in Vietnam.
3. The applicant provides his DD Form 214.
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's records show he was inducted into the Army of the United States on 24 July 1964 and he held military occupational specialty 95B (Military Policeman (MP)).
3. He served in Vietnam from 2 April 1965 to 25 April 1966 while assigned to the 506th MP Company.
4. U.S. Army Personnel Center, Oakland, CA, Special Orders Number 119, dated 29 April 1966, released him from active duty effective 29 April 1966 and reassigned him to the U.S. Army Reserve (USAR) to complete his Reserve obligation.
5. In conjunction with his release from active duty, the applicant underwent a medical examination at Oakland Army Base, CA, on 29 April 1966. His records contain a Standard Form 89 (Report of Medical History) wherein he annotated he was in excellent health. He authenticated this form by placing his signature in the appropriate block on 29 April 1966.
6. He was honorably released from active duty on 29 April 1966 and transferred to the USAR. He completed 1 year, 9 months, and 6 days of creditable active service.
7. Item 11b (Station or Installation at Which Effected) of his DD Form 214 contains the entry "U.S. ARMY PERSONNEL CENTER, OAKLAND, CA." Item 11d contains the entry "29 APR 66."
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms the applicant was released from active duty on 29 April 1966 which is correctly shown on his DD Form 214. There is no evidence in his record and he did not provide any evidence that shows he served on active duty through August 1966. Therefore, 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 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.
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