IN THE CASE OF:
BOARD DATE: 13 March 2014
DOCKET NUMBER: AR20130013298
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 he was separated from the Regular Army on 24 February 1967.
2. The applicant states he entered active duty on 26 February 1964 and he served a total of 2 years, 11 months, and 29 days of active duty service.
3. The applicant provides a 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 enlisted in the Regular Army on 26 February 1964.
3. Headquarters, U.S. Army Air Defense Center, Fort Bliss, TX, Letter Orders Number 2-170, dated 15 February 1967, directed the applicant's release from active duty and transfer to the U.S. Army Reserve effective 24 February 1967.
4. His military records includes a DA Form 2376 (Notification to State Adjutants General Release from Active Duty of Obligated Reservist) that confirms the applicant was released from active duty on 24 February 1967.
5. Item 11d of his DD Form 214 indicates he was released from active duty on 24 February 1966. Item 24 (Statement of Service) indicates he completed a total of 2 years, 11 months, and 29 days of active duty service.
6. Army Regulation 635-5 (Separations Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's military records contain separation orders and a DA Form 2376 which confirm he was separated from the Regular Army on 24 February 1967. However, his DD Form 214 indicates he was separated on 24 February 1966.
2. It appears that during the preparation of his DD Form 214 an administrative error occurred that resulted in his separation date being listed incorrectly.
3. In view of the foregoing, DD Form 214 should be corrected to show his release from active duty date as 24 February 1967.
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 24 February 1967.
_____________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) AR20130013298
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ABCMR Record of Proceedings (cont) AR20130013298
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