IN THE CASE OF:	  

		BOARD DATE:	  7 April 2011

		DOCKET NUMBER:  AR20100024334 


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 reflect his correct release date and correction of his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) to correctly reflect his active duty service.

2.  The applicant states, in effect, his DD Form 214 shows his release from active duty date as 11 August 1961, but it should be 11 August 1962.

3.  The applicant provides:

* his DD Form 214
* his NGB Form 22
* a Department of Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim)
* a Headquarters, XVIII Airborne Corps, Fort Bragg, NC memorandum, subject:  Reservists Serving on Active Duty Under the Authority of
PL 87-117, dated 11 July 1962

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 requested correction of his NGB Form 22 to correctly reflect his active duty service.  He was notified by separate correspondence of the procedures for submitting a request for correction of his NGB Form 22 to the National Guard Readiness Center, Arlington, VA.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  The applicant's records show he was mobilized as a member of his Army National Guard (ARNG) unit and he entered active duty on 15 October 1961.  He was honorably released from active duty on 11 August 1962 and he was transferred to the New Hampshire ARNG.

4.  Headquarters, XVIII Airborne Corps, Fort Bragg, Letter Orders 996, dated 20 June 1962, released him from active duty, effective 11 August 1962.

5.  Item 11d (Effective Date) of the DD Form 214 he was issued at the time shows he was separated on
11 August 1961.

DISCUSSION AND CONCLUSIONS:

The evidence of record shows the applicant served on active duty from 15 October 1961 through 11 August 1962.  It appears a typographical error was made on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show he was released from active duty effective 11 August 1962.

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 from item 11d of his DD Form 214 the entry "11 August 1961" and replacing it with the entry "11 August 1962."



      ___________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)                                         AR20100024334



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ABCMR Record of Proceedings (cont)                                         AR20100024334



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