BOARD DATE: 29 January 2013
DOCKET NUMBER: AR20120013074
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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was released from active duty on 28 November 1969 versus 28 November 1967.
2. The applicant states his discharge date is incorrect.
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 was inducted into the Army of the United States for a 2-year term on 14 November 1967. He completed initial entry training and was awarded military occupational specialty 11B (Light Weapons Infantryman).
3. Special Orders Number 329 issued by Headquarters, 5th Infantry Division (Mechanized) and Fort Carson, Fort Carson, CO, dated 25 November 1969, ordered his release from active duty and transfer to the U.S. Army Reserve (USAR) effective 28 November 1969.
4. On 28 November 1969, he was honorably released from active duty. His DD Form 214 shows in:
* item 10c (Date Inducted) he was inducted on 14 November 1967
* item 11a (Type of Transfer or Discharge) he was transferred to the USAR
* item 11d (Effective Date) he was transferred to the USAR effective 28 November 1967
* item 22b (Statement of Service Total Active Service) he completed 1 year, 11 months, and 29 days of total active service
DISCUSSION AND CONCLUSIONS:
The evidence of record shows he was inducted into the Army of the United States on 14 November 1969. He was released from active duty and transferred to the USAR on 28 November 1969. This date is incorrectly shown on his DD Form 214 as 28 November 1967; therefore, it would be appropriate to correct his DD Form 214 to show he was transferred to the USAR effective 28 November 1969.
BOARD VOTE:
____x____ ___x_____ __x__ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 to delete the entry "28 Nov 67" from item 11d and replace it with the entry "28 Nov 69."
_________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) AR20100020194
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ABCMR Record of Proceedings (cont) AR20120013074
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