Search Decisions

Decision Text

ARMY | BCMR | CY2013 | 20130013298
Original file (20130013298.txt) Auto-classification: Approved

		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



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130013298



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2010 | 20100011695

    Original file (20100011695.txt) Auto-classification: Denied

    The applicant requests, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer and Discharge) be changed to show he was separated on 11 February 1967. Notwithstanding the entry in item 29 of the applicant’s DA Form 20, there is no convincing evidence that the applicant served in Germany through 11 February 1967 and was therefore discharged that same day. This information is consistent with his orders, unit clearance papers, and the 11 months and 28 days of...

  • ARMY | BCMR | CY2010 | 20100014693

    Original file (20100014693.txt) Auto-classification: Approved

    A DD Form 215 (Correction to DD Form 214), dated 12 December 2006, contained in his record shows the spelling of his last name was corrected to show "Santiago." Evidence of record shows an error was made on his DD Form 214 because he could not be credited with 2 years, 7 months, and 8 days of active service if he entered AD on 3 April 1969 and was separated on 10 November 1970. As a result, the Board recommends that all Department of the Army records of the individual concerned be...

  • ARMY | BCMR | CY2010 | 20100022164

    Original file (20100022164.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of item 17c (Date of Entry) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he entered active service on 27 November 1964 instead of 27 November 1965. His DD Form 214 shows in: * item 11d (Effective Date) the entry 26 November 1967 * item 16 the entry 26 November 1971 * item 17c the entry 27 November 1965 6. Based on the correction to the applicant's date of entry, his net service during the period...

  • ARMY | BCMR | CY2012 | 20120000140

    Original file (20120000140.txt) Auto-classification: Approved

    The evidence of record shows the applicant's REFRAD date was 16 December 1969. The evidence of record also shows his primary MOS at the time of his REFRAD was 55B (awarded at the time of his appointment to E-4) and it is properly shown in Item 23a of his DD Form 214. Neither the evidence submitted with the application nor the evidence of record supports his request nor does it establish that Item 23a of his DD Form 214, which is a record of one’s primary MOS, should reflect MOS 67Y.

  • ARMY | BCMR | CY2009 | 20090021977

    Original file (20090021977.txt) Auto-classification: Denied

    The DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active Army service at the time of his separation from active duty. Evidence of record shows the applicant enlisted in the Regular Army on 10 January 1967, which is properly reflected on his DD Form 214 for the period ending 19 November 1967. Since the applicant was discharged from the USAR on 1 January 1973, almost 1 year after his release from active duty, there is no basis for amending item 11d of...

  • ARMY | DRB | CY2005 | 20050008367

    Original file (20050008367.doc) Auto-classification: Denied

    The separation document (DD Form 214) he was issued upon his separation shows he completed a total of 5 years of active military service. The applicant contention that the date of his separation entered on his DD Form 214, 31 July 1964, is in error and that the effective date of his separation was actually 9 August 1964, and the supporting statement he submitted were carefully considered. The DD Form 214 issued to the applicant upon his separation confirms he was released from active duty...

  • ARMY | BCMR | CY2010 | 20100028682

    Original file (20100028682.txt) Auto-classification: Approved

    It states the DD Form 214 provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. The evidence of record shows he entered active duty on 8 December 1963 and he was released on 6 June 1964. ___________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.

  • ARMY | BCMR | CY2011 | 20110011448

    Original file (20110011448.txt) Auto-classification: Approved

    The applicant was inducted on 20 February 1964. The applicant was inducted on 20 February 1964 and he served 1 year, 11 months and 18 days of active duty and was REFRAD on 7 February 1966. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * Deleting the entry “7 Feb 65” in block 11d of his DD Form 214 * Entering the entry “7 Feb 66” in block 11d of his DD Form 214 _______ _ _X______ ___ CHAIRPERSON I certify that herein...

  • ARMY | BCMR | CY2007 | 20070017259

    Original file (20070017259.txt) Auto-classification: Denied

    The applicant requests correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) effective 18 August 1967 to show that he entered active duty on 19 August 1964 and served for three full years. On 18 August 1967, the applicant was released from active duty and transferred to the United States Army Reserve (USAR) Control Group (Annual Training). In order to justify correction of a military record the applicant must show to the satisfaction of the...

  • ARMY | BCMR | CY2013 | 20130018281

    Original file (20130018281.txt) Auto-classification: Approved

    The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect his correct date of birth (DOB) and his effective date of release from active duty (REFRAD). The applicant enlisted using the DOB that is contained on his DD Form 214 and at the time of his discharge his DD Form 214 was properly prepared to reflect the DOB he was serving under at the time in accordance with the applicable regulation. As a result, the Board...