IN THE CASE OF:
BOARD DATE: 6 November 2014
DOCKET NUMBER: AR20140005247
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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) by showing his separation date as 13 January 1961.
2. The applicant states, in effect, his DD Form 214 shows the wrong date of his separation. It shows the year as 1960, but it should show 1961.
3. The applicant provides a copy of his 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's DA Form 24 (Service Record) shows that:
a. he enlisted in the Regular Army on 15 January 1958; and
b. he was released from active duty on 13 January 1961 and immediately transferred to the U.S. Army Reserve.
3. The applicant's DD Form 214 shows:
a. he enlisted in the Regular Army on 15 January 1958 for a period of
3 years;
b. he completed 2 years, 11 months, and 29 days of creditable active duty service; and
c. his separation date as 13 January 1960.
4. Army Regulation 635-5 (Separation Documents), as in effect at the time, provided detailed instructions for completing separation documents, including the DD Form 214. It provided that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.
DISCUSSION AND CONCLUSIONS:
1. The available evidence clearly shows the applicant entered the Regular Army for a period of 3 years. He served 2 years, 11 months, and 29 days of that obligation and was separated on 13 January 1961.
2. However, his DD Form 214 shows his separation date as 13 January 1960. Accordingly, this should be corrected.
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, in particular, his
DD Form 214, be corrected by showing his separation as 13 January 1961.
__________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) AR20140000220
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140005247
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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