IN THE CASE OF:
BOARD DATE: 24 September 2015
DOCKET NUMBER: AR20150002305
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 separation date as January 1972 instead of January 1971.
2. The applicant states his medical records will show he was in the hospital in December 1971/January 1972.
3. The applicant provides no additional evidence.
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 7 May 1970, for a term of service of 2 years.
3. Evidence shows he completed training at Fort Leonard Wood, MO and he subsequently served at Fort Bliss, TX. In December 1970, he was assigned to United States Army Europe.
4. His record contains:
a. DA Form 137 (Installation Clearance Record), issued at Pirmasens Post, Germany, dated 17 January 1972.
b. Special Orders Number 21, issued by Headquarters, U.S. Army Personnel Center, Fort Dix, NJ, dated 21 January 1972, which relieved the applicant from active duty and transferred him to the U.S. Army Reserve (Annual Training) effective 21 January 1972.
5. Item 11d (Effective Date) of his DD Form 214 shows the effective date of his release from active duty as "21 JAN 71."
6. Army Regulation 635-5 (Separation Documents), then in effect, 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. It is important that information entered on the form should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
The available evidence shows the applicant was inducted into the Army of the United States on 7 May 1970 and he was relieved from active duty on 21 January 1972. It is apparent the effective date of his separation was incorrectly entered in item 11d of his DD Form 214.
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 current entry in item 11d of his DD Form 214 and adding the entry "21 JAN 72."
__________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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