IN THE CASE OF:
BOARD DATE: 5 February 2014
DOCKET NUMBER: AR20130010150
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 the date shown in item 11d (Effective Date (of Separation)) of his DD Form 214 (Armed Forces of the United States Report of Transfer of Discharge) from 6 November 1957 to 6 November 1959.
2. The applicant states, in effect, he was inducted into the Army of the United States (AUS) on 7 November 1957 and his DD Form 214 incorrectly shows he was discharged on 6 November 1957. He needs this corrected because he is applying for benefits from the Department of Veterans Affairs.
3. The applicant provides copies of his DD Form 214, Certificate of Service, and a letter from the Army Review Boards Agency.
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 complete military records are not available to the Board for review. It is believed his records were loaned to another agency. However, there was sufficient documentation submitted by the applicant for the Board to conduct a fair and impartial review of this case.
3. The applicant provided copies of the following:
a. His DD Form 214 which shows he was inducted into the AUS on 7 November 1957. He was honorably released from active duty at the expiration of his term of service and was transferred to the U.S. Army Reserve Corps. He was credited with completion of 2 years of net service this period. His DD Form 214 lists in:
* Item 11d 6 November 1957
* Item 16 (Date Inducted) 7 November 1957
b. A Certificate of Service which shows he served on active duty from 7 November 1957 through 6 November 1959.
4. Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty. The regulation stated item 11d would list the Soldiers transition date.
DISCUSSION AND CONCLUSIONS:
The available evidence shows the applicant was inducted into the AUS on 7 November 1957 and completed 2 years of net service. It appears his DD Form 214 inadvertently listed his year of separation as 1957 instead of 1959 due to a typographical error. Therefore, he is entitled to correction of 11d of his DD Form 214 to show a date of 6 November 1959.
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 from item 11d of his DD Form 214 the date of 6 November 1957 and replacing it with the date of 6 November 1959.
_______ _ _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) AR20130010150
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ABCMR Record of Proceedings (cont) AR20130010150
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