IN THE CASE OF:	  

		BOARD DATE:  16 January 2014

		DOCKET NUMBER:  AR20130009224 


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 the discharge date shown in item 11d (Effective Date) of his DD Form 214 (Armed Forces of the United States Report of Transfer of Discharge) to show 18 September 1971.

2.  The applicant states his date of eligibility for return from overseas (DEROS) was 18 September 1971.

3.  The applicant provides a copy of Special Orders (SO) Number 218, dated 6 August 1971.

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 10 February 1970.  He served in Vietnam from 2 August 1970 through on or about 17 September 1971.

3.  He provided a copy of Headquarters, U.S. Army Support Command, Saigon, SO Number 218, dated 6 August 1971, reassigning him to the transfer station or transfer point for separation.  The orders show his DEROS as 16 September 1971 and his expiration of term of service (ETS) date as 9 February 1972.

4.  His records contain Headquarters, U.S. Army Personnel Center, SO Number 261, dated 18 September 1971, releasing him from active duty on 18 September 1971 and transferring him to the U.S. Army Reserve (USAR).

5.  Item 11d of his DD Form 214 shows he was released from active duty on 18 February 1971 by reason of early separation of overseas returnee and he was transferred to the USAR Control Group (Annual Training).

6.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  The regulation in effect at the time stated item 11d would list the Soldier's transition date.

DISCUSSION AND CONCLUSIONS:

The applicant returned from his overseas tour on or about 17 September 1971.  He reported to the Transition Center in Oakland, CA, and he was honorably released from active duty on 18 September 1971.  It appears that an administrative error occurred when his DD Form 214 was prepared listing his separation date as 18 February 1971.  Therefore, he is entitled to correction of item 11d of his DD Form 214 to show he was released from active duty on 18 September 1971.

BOARD VOTE:

____X___  ____X___  ___X__ _  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 the applicant's DD Form 214 and replacing it with the date of 18 September 1971.



      _______ _  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)                                         AR20130009224



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ABCMR Record of Proceedings (cont)                                         AR20130009224



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