BOARD DATE: 25 September 2014
DOCKET NUMBER: AR20140002090
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 Certificate of Retirement to add the year.
2. The applicant states, in effect, his Certificate of Retirement does not list the year he retired.
3. The applicant provides:
* DD Form 214 (Report of Separation from Active Duty) for the period ending on 30 April 1975
* Certificate of Retirement
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 21 January 1955 and served through a series of reenlistments. He held military occupational specialty 11B (Light Weapons Infantryman) and served in a variety of assignments. At the time he retired he held the rank of staff sergeant.
3. His record does not contain retirement orders; however, it does contain a request for retirement due to length of service, dated 7 March 1975, wherein it was requested he be placed on the retired list on 1 May 1975.
4. His DD Form 214 for the period ending on 30 April 1975 shows he was retired on 30 April 1975 for the purpose of retirement. He completed 20 years and 4 days of total active service.
5. He provided his Certificate for Retirement. This certificate shows he was retired on 1 May but does not list the year.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant was honorably retired on 30 April 1975 and was placed on the retired list on 1 May 1975. Therefore, his Certificate of Retirement should be corrected to show the full and proper date of his retirement as 1 May 1975.
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 amending his Certificate of Retirement to show he retired on 1 May 1975.
__________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) AR20140002090
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ABCMR Record of Proceedings (cont) AR20140002090
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