BOARD DATE: 9 January 2014
DOCKET NUMBER: AR20130008830
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 effective date of his release from active duty (REFRAD) as 6 August 1968 instead of 6 August 1966.
2. The applicant states the document shows he was discharged prior to being inducted. He further states the mistake was discovered by the Department of Veterans Affairs.
3. The applicant provides a copy of 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 record shows he was inducted into the Army of the United States on 17 August 1966.
3. His record contains Special Orders Number 198, issued by Headquarters, Fort Campbell, Fort Campbell, KY, dated 4 August 1968, that show he was REFRAD on 6 August 1968 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his service obligation.
4. Item 11d of his DD Form 214 shows the effective date of his REFRAD as 6 August 1966.
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.
DISCUSSION AND CONCLUSIONS:
The available evidence shows the applicant was inducted into the Army of the United States on 17 August 1966 and he was REFRAD on 6 August 1968. It is apparent his REFRAD date was incorrectly entered in item 11d of his DD Form 214. Therefore, he is entitled to the requested relief.
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 adding the entry "6 Aug 68."
_______ _ 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) AR20130008830
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ABCMR Record of Proceedings (cont) AR20130008830
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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