IN THE CASE OF:
BOARD DATE: 24 June 2014
DOCKET NUMBER: AR20130019198
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his blood group as A positive. He also requests issuance of new "dog tags" based on correction of his DD Form 214.
2. The applicant states his blood group shown on his DD Form 214 is incorrect.
3. The applicant provides his DD Form 214 and a laboratory report.
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. On 17 August 1970, the applicant enlisted in the Regular Army. He did not complete initial entry training.
3. A Standard Form 601 (Immunization Record) and an International Certificate of Vaccination booklet contained in his military records show his blood type as B positive. The entries were verified by a military physician on 21 August 1970.
4. On 18 November 1970, he was honorably released from active duty due to a physical disability that existed prior to service. He completed 3 months and 2 days of creditable active service. His DD Form 214 shows his blood group as B positive.
5. He provided a Dameron Hospital Association laboratory report showing his blood type as A positive based on the results of a routine test administered on 19 June 2012.
6. Army Regulation 635-8 (Separation Processing and Documents) prescribes the transition processing function of the military personnel system. It states the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active and prior inactive duty service at the time of release from active duty, retirement, or discharge.
7. "Dog tag" is the informal name given to the identification tags worn by military personnel because of their resemblance to actual dog tags. The tag is primarily used for the identification of dead and wounded personnel and essential basic medical information, such as blood type and history of inoculations, along with providing religious preference. Some nations use two identical tags. This allows half the tag to be collected from a Soldier's body for notification while the other half remains with the corpse when battle conditions do not allow the body to be recovered immediately.
DISCUSSION AND CONCLUSIONS:
1. His military records show his blood group as B positive. He provides a laboratory report which shows his blood type as A positive.
2. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created. There is a reluctance to recommend that those records be changed. While it is understandable the applicant desires to have his military records changed to reflect the blood type shown on the laboratory report he provides, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
3. The applicant is advised that a copy of this decisional document will be filed in his military records. This should serve to clarify any questions or confusion regarding the difference in the blood group recorded in his military records and that shown on the laboratory report he provided.
4. In view of the foregoing, there is an insufficient basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x___ ____x___ ___x____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_____________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) AR20130019198
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