IN THE CASE OF:
BOARD DATE: 16 April 2013
DOCKET NUMBER: AR20120017052
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 (REFRAD) on 9 January 1969 rather than 9 January 1968.
2. The applicant states, in effect, item 11d (Effective Date) of his DD Form 214 incorrectly shows he was REFRAD on 9 January 1968 when, in fact, he was released on 9 January 1969.
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 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. The applicant enlisted in the Regular Army on 1 November 1967 for a period of 3 years.
3. His record contains:
a. An endorsement memorandum, dated 3 January 1969, Subject: Application for Separation Under the Provisions of Army Regulation 635-200 (Personnel Separations-Enlisted Personnel). This memorandum shows the applicant was approved for REFRAD under the provisions of Chapter 6 (Hardship), Army Regulation 635-200 and directed that separation be accomplished at the earliest possible date.
b. Special Orders Number 6 rendered by Headquarters, Fort Campbell, KY, dated 7 January 1969, which show the applicant was to be REFRAD on 9 January 1969 and transferred to U.S. Army Reserve (USAR) Control Group (Annual Training).
c. A DA Form 20 (Enlisted Qualification Record). Item 38 (Record of Assignments) of this form shows he was REFRAD on 9 January 1969 and transferred to USAR Control Group (Annual Training).
4. The DD Form 214 issued to him at the time of separation shows he was REFRAD and transferred to USAR Control Group (Annual Training). However, item 11d contains the entry "9 Jan 68" which indicates he was REFRAD on 9 January 1968.
5. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. The version of the regulation in effect at the time of the applicant's separation indicated item 11d would show the separating Soldier's transition date. This date may not be the contractual date if the Soldier is separated early, voluntarily extends or is extended for make-up of lost time, or retained on active duty for the convenience of the government.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show he was REFRAD on 9 January 1969 rather than 9 January 1968 was carefully considered and determined to have merit.
2. Evidence of record clearly shows the applicant was approved for REFRAD under the provisions of Army Regulation 635-200 due to hardship with an effective date of 9 January 1969.
3. It is apparent that a typographical error resulted in the incorrect entry of "9 Jan 68" being placed in item 11d of his DD Form 214. Therefore, he is entitled to correction of his DD Form 214 to show he was actually REFRAD on 9 January 1969.
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 deleting the current entry in item 11d of his DD Form 214 and replacing it with the entry "9 Jan 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) AR20120017052
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ABCMR Record of Proceedings (cont) AR20120017052
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