BOARD DATE:	  4 November 2014

		DOCKET NUMBER:  AR20140003771 


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, through his Member of Congress, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) in:

* item 1 (Last Name-First Name-Middle Name) to show his last name as "Pxxxin" vice "Pxxxen" 
* Item 11d (Effective Date (of Separation)) to show he was separated on 25 February 1971 vice 21 October 1970

2.  The applicant states, in effect, his DD Form 214 contains typographical errors. 

3.  The applicant provides:

* Congressional correspondence
* Letter from his State regarding employee retirement system
* DD Form 214
* Honorable Discharge Certificate

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.  In connection with his induction into the Army of the United States (AUS), the applicant completed a DD Form 398 (Statement of Personal History).  He listed his last name as "Pxxxin" and he signed this form using this last name.

3.  The applicant was inducted into the AUS for a 2-year term on 12 November 1969.   His DD Form 47 (Record of Induction) listed his last name as "Pxxxin." 

4.  His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty listed his last name as "Pxxxin."  He reviewed this form and authenticated it with his signature using the last name "Pxxxin."

5.  On 10 September 1970, he submitted an application for a hardship discharge. He had been on emergency leave from his parent organization (5th Battalion, 4th Artillery Regiment, Vietnam), attached to Headquarters, U.S. Army Support Detachment, Oakdale, PA.  

6.  On 25 September 1970, consistent with his request and his chain of command's recommendations, the separation authority approved his request for a hardship discharge and ordered him separated in accordance with chapter 6 of Army Regulation 635-200 (Enlisted Personnel Separations).  

7.  On 19 October 1970, Headquarters, U.S. Army Support Detachment, Oakdale, PA, published Special Orders Number 200 ordering his separation from active duty effective 21 October 1970. 

8.  He was honorably released from active duty on 21 October 1970 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) for completion of his reserve obligations.  He completed 11 months and 9 days of creditable active service.  His DD Form 214 shows in:

* item 1 - his last name as "Pxxxen" (the letter "e" instead of the letter "i" in the fifth digit) 
* item 10c (Date Inducted) - 12 November 1969
* item 11d - his separation date as 21 October 1970
* item 22a(1) (Net Service This Period) – 01-10-10 (1 year, 10 months, and 10 days)
* item 22a(2) (Other Service) – 00-00-00
* item 22a(3) (Total) – 01-10-10
* item 22b (Total Active Service) – 01-10-10

9.  He provides: 

	a.  A letter, dated 27 January 2014, from the Commonwealth of Pennsylvania Public School Employees' Retirement System requesting a clarification of the total service on his DD Form 214. 

	b.  An Honorable Discharge Certificate honorably discharging him from the USAR effective 25 February 1971. 

10.  Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the last name, the evidence of record shows that at the time of his induction into the AUS the applicant listed his last name as "Pxxxin."  This last name is consistent with the last name shown on various documents throughout his military service.  His DD Form 214 inadvertently listed the fifth digit as "e" instead of "i."  In view of the foregoing, the applicant's DD Form 214 should be corrected to show his last name as "Pxxxin." 

2.  With respect to the separation date: 

	a.  The applicant was inducted into the AUS and entered active duty on 12 November 1969.  He requested a hardship discharge in September 1970.  His request was approved and he was honorably released from active duty on 21 October 1970.  He completed 11 months and 9 days of creditable active service.  His DD Form 214 incorrectly credited him with 1 year, 10 months, and 10 days of creditable active service.  This is in error but will only be corrected upon his specific request to this Board.  

	b.  Although the net active service he completed is in error, he certainly did not serve on active duty through 25 February 1971 as he contends.  The date shown on his Honorable Discharge Certificate is the date he was discharged from the USAR, not from active duty.  The DD Form 214 is a record of active duty, not inactive duty. 

	c.  His induction and separation dates are correct as shown on his DD Form 214 and there is no reason to change those dates. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X______  __X______  _X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 1 of his DD Form 214 the last name "Pxxxen" and adding the last name "Pxxxin," as shown on his DD Form 47. 

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to his separation date.



      _______ _ 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)                                         AR20140003771





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ABCMR Record of Proceedings (cont)                                         AR20140003771



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