BOARD DATE:	  11 March 2010

		DOCKET NUMBER:  AR20090016858 


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, in effect, that the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) of her deceased spouse, a former service member (FSM), be corrected to show he was discharged on 2 August 1968.

2.  The applicant states, in effect, the FSM's DD Form 214 shows he was released from active duty the day before he entered the military.  This is an error and it needs to be corrected.

3.  The applicant provides copies of the FSM's DD Form 214, her marriage certificate, the FSM's Honorable Discharge Certificate, a VA Form 29-8284 (Certification of Servicemen's Group Life Insurance), and the FSM's death certificate. 

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 FSM was inducted into the Army of the United States on 3 August 1966 and completed training in the following three military occupational specialties 
11E (Armor Crewman), 70A (Clerk Typist), and 71H (Personnel Specialist). 

3.  On 2 August 1968, the FSM was released from active duty after completing 2 years of active service.  The DD Form 214 that he was issued shows his induction date as 3 August 1966 and that his effective date of release was 2 August 1966.  

4.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  In pertinent part it the instructions for block 12 (Record of Service) state "Use extreme care in completing this block since post-service benefits, final pay, retirement credit, and so forth are based on this information."   

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the FSM's DD Form 214 erroneously shows he was released from active duty before he entered the military.

2.  The FSM's DD Form 214 shows he entered active duty on 3 August 1966 and he was released from active duty on 2 August 1966.  However, it should be corrected to show he was released on 2 August 1968.

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 amending the FSM's DD Form 214 to show 2 August 1968 was his effective date of release from active duty.




      _______ _   __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)                                         AR20090016858



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ABCMR Record of Proceedings (cont)                                         AR20090016858



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