IN THE CASE OF:	

		BOARD DATE:	  2 October 2008

		DOCKET NUMBER:  AR20080011404 


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 that the date of discharge on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be changed.

2.  The applicant states, in effect, that he could not have been discharged a day before he entered active duty.

3.  The applicant provides his DD Form 214.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Counsel makes no additional statement.

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 on 25 January 1966 for 2 years.

3.  The applicant’s separation orders show he was to be released from active duty on 24 January 1968.  

4.  Item 11d (Effective Date of Transfer or Discharge) of his DD Form 214 shows he was released from active duty on 24 January 1966.

DISCUSSION AND CONCLUSIONS:

Item 11d of the applicant’s DD Form 214 contains a typographical error.  His DD Form 214 should be amended to show he separated on 24 January 1968.

BOARD VOTE:

___XX_____  ___XX_____  ____XX____  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:

     a.  deleting the entry, “24 Jan 66” from item 11d of his DD Form 214; and

     b.  adding the entry, “24 Jan 68” to item 11d of his DD Form 214. 




      _______ XXXX_   _______   ___
               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)                                         AR20080011404



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ABCMR Record of Proceedings (cont)                                         AR20080011404



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