BOARD DATE:	  1 March 2011

		DOCKET NUMBER:  AR20100021863 


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 his separation be corrected to 1 October 1967.

2.  The applicant states he was discharged in 1967 not 1965 and would like to have two copies of the corrected DD Form 214 (Report of Transfer or Discharge). 

3.  The applicant provides a copy of his 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 on 4 November 1965 and served honorably for 1 year, 10 months, and 28 days with service in Vietnam from 11 October 1966 through 28 September 1967.
3.  The DD Form 214 shows a date of entry of 4 November 1965 and a date of separation of 1 October 1965.

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 and states a DD Form 215 (Correction to the DD Form 214) will be issued to provide missing information or to correct any information. 

DISCUSSION AND CONCLUSIONS:

1.  The date of separation on the DD Form 214 predates his date of entry, showing clearly an error in this entry.  All available evidence indicates the proper date of separation was 1 October 1967.  Therefore, the record should be corrected to show the date of separation as 1 October 1967. 

2.  Minor corrections to the DD Form 214 are made with the issuance of a        DD Form 215, not the reissue of a 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 to show a date of separation of 10 October 1967.



      _______ _ 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)                                         AR20100021863





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ABCMR Record of Proceedings (cont)                                         AR20100021863



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