IN THE CASE OF:
BOARD DATE: 14 July 2015
DOCKET NUMBER: AR20140019302
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) by amending the date of his release from active duty from 5 January 1968 to 5 January 1969.
2. The applicant states, in effect, the entry of 1968 was a mistake. He was on active duty for 2 years, as reflected both in his records and on his DD Form 214.
3. The applicant provides a 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 was inducted into the Army of the United States on 6 January 1967. After completing initial training, he was awarded military occupational specialty 91B (Medical Specialist). The highest rank/grade held was specialist four/E-4.
3. Special Orders (SO) Number 152, dated 18 December 1968, issued by Headquarters, 30th Medical Group (Germany) directs the applicant to be reassigned to the U.S. Army Reserve Control Group (Annual Training) with a release from active duty date of 5 January 1969 (emphasis added).
4. He was honorably released from active duty. His DD form 214 shows he completed 2 years of net active service this period and 2 years of total active service.
a. Item 10c (Date Inducted) shows 6 January 1967.
b. Item 11d (Effective Date) shows a release from active duty date of 5 January 1968 (emphasis added).
5. Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests item 11d of his DD Form 214 be corrected to show his release from active duty date as 5 January 1969.
2. His records contain orders, dated 18 December 1968, a date almost a year after the release date shown on his DD Form 214. These orders directed his release from active duty on 5 January 1969. It is clear an administrative error was made. His DD Form 214 should therefore be corrected accordingly.
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 deleting the year 1968, shown in item 11d of his DD Form 214, and replacing it with the year 1969.
_______ _ 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) AR20140019302
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