IN THE CASE OF:
BOARD DATE: 1 November 2012
DOCKET NUMBER: AR20120007527
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 his blood type as "A positive" (A+).
2. The applicant states, in effect, after reviewing his dog tags and having his blood typed prior to surgery, he noticed his DD Form 214 was incorrect.
3. The applicant provides a copy of his DD Form 214 and an acknowledgement letter from the Chief, Case Management Division, Army Review Boards Agency, dated 23 April 2012.
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. After having had prior periods of service, the applicant was honorably retired for length of service on 1 July 1972. He completed 26 years and 2 months of creditable active military service.
3. A DA Form 428 (Application for Identification Card), dated 9 October 1967, shows the applicant's blood type as A+.
4. The applicant's blood type is shown as "A" on his DD Forms 214 for the following periods ending:
* 24 April 1950
* 26 April 1962
* 26 May 1967
5. The applicants blood type is shown as O Neg on his DD Form 214 for the period ending 30 June 1972.
6. Army Regulation 635-5 (Personnel Separation Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Paragraph 62b(2), of the regulation in effect at the time, stated to enter blood group from the Standard Form 601 (Immunization Record) or the DA Form 20 (Enlisted Qualification Record).
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to have his blood type corrected on his DD Form 214 for the period ending 30 June 1972 was carefully considered and determined to have merit.
2. The preponderance of evidence shows the applicant's blood type was A+; therefore, he is entitled to correction of his DD Form 214 for the period ending 30 June 1972 to show his correct blood type.
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 for the period ending 30 June 1972 to show his blood type as A+.
_______ _ _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) AR20120007527
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120007527
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