IN THE CASE OF:
BOARD DATE: 6 March 2015
DOCKET NUMBER: AR20140012993
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 type (also known as blood group) as A positive (A+).
2. He states, in effect:
* his blood type was annotated incorrectly when he was inducted
* the current test states he is A+
3. He provides:
* DD Form 214
* blood typing result
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 was inducted into the Army of the United States on 5 December 1967.
3. His DD Form 214 shows he was honorably released from active duty on 4 December 1969. Item 30 (Remarks) of this form shows his blood group as O.
4. He submitted the results of a screening test from the Good Samaritan Hospital, dated 17 September 1993, that indicated his blood type and rhesus factor was A+ and recommended further laboratory testing to confirm the results of the screening.
5. Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. The instructions stated service members' blood group from the immunization record or the DA Form 20 (Enlisted Qualification Record) would be entered in item 30.
DISCUSSION AND CONCLUSIONS:
The applicant submitted a blood typing screening test result conducted on 17 September 1993 which indicated his blood group was A+. However, his service records do not contain evidence showing his blood group was documented as A+ at any time during his military service and he did not submit additional laboratory testing to confirm the results of the screening test. Therefore, the evidence is insufficient to correct his DD Form 214 to show his blood group as A+.
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.
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