BOARD DATE: 18 October 2012
DOCKET NUMBER: AR20120008004
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 of Discharge), for the period ending 23 July 1959, to show he was separated at Fort Stewart, GA, versus Fort Dix, NJ.
2. The applicant states his record contains an administrative error.
3. The applicant provides his DD Form 214 for the period ending 23 July 1959 and his DD Form 214 for the period ending 17 August 1962.
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 10 January 1959, the applicant enlisted in the U.S. Army Reserve (USAR).
On 24 January 1959, he entered active duty for the purpose of initial entry training. He completed basic training at Fort Leonard Wood, MO, and advanced individual training (AIT) at Fort Monmouth, NJ. Upon completion of AIT he was awarded military occupational specialty 841.10 (Photographer).
3. Special Orders Number 200, issued by the U.S. Army Personnel Center, Fort Dix, NJ, dated 19 July 1959, ordered his release from active duty at Fort Dix, NJ, on 23 July 1959, and returned him to the control of the USAR.
4. On 23 July 1959, he was honorably released from active duty and reassigned to the USAR. His DD Form 214 shows he was separated at Fort Dix, NJ.
5. Section 4 (Chronological Record of Military Service) of his DA Form 24 (Service Record) shows he was separated from active service on 23 July 1959, at Fort Dix, NJ.
6. The available record is void of documentation that shows the applicant was assigned to Fort Stewart, GA during this period of active military service.
7. Army Regulation 635-5 (Separation 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 provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. Section III, of the regulation in effect at the time, governed the instructions for the preparation and distribution of the DD Form 214. It stipulated that item 11b would document the station or installation at which the separation was effected.
DISCUSSION AND CONCLUSIONS:
The applicant contends his DD Form 214, for the period ending 23 July 1959, should be corrected to show he was separated at Fort Stewart, GA, versus Fort Dix, NJ. The evidence of record clearly shows he was separated at Fort Dix, NJ; therefore, his DD Form 214 is correct and he is not entitled to the 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) AR20100011932
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ABCMR Record of Proceedings (cont) AR20120008004
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