IN THE CASE OF: BOARD DATE: 15 November 2011 DOCKET NUMBER: AR20110011448 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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show in block 11d that he was released from active duty (REFRAD) on 7 February 1966 instead of 7 February 1965. 2. The applicant states that he was inducted on 20 February 1964 and served 1 year, 11 months and 18 days of active duty and he served in Germany until 28 January 1966. However, his DD Form 214 shows in block 11d that he was REFRAD on 7 February 1965. 3. The applicant provides a copy of his DD Form 214, a copy of his induction order, and a copy of a page from his DA Form 24 (Service Record). 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 20 February 1964. He completed his basic training at Fort Knox, Kentucky and his advanced individual training as a switchboard operator at Fort Gordon, Georgia before being transferred to Boeblingen, Germany for assignment to a signal company. 3. He departed Germany on 28 January 1966 for Fort Hamilton, New York. His separation orders were published at Fort Hamilton on 3 February 1966 and his final separation papers were signed on 7 February 1966. 4. On 7 February 1966, he was honorably REFRAD. He had served 1 year, 11 months and 18 days of active service. However, his DD Form 214 issued at the time of his REFRAD reflects in block 11d that he was REFRAD on 7 February 1965. 5. Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that information entered on the DD Form 214 will be obtained from official records at the time of separation. DISCUSSION AND CONCLUSIONS: 1. The applicant’s contention that his DD Form 214 incorrectly reflects that he was REFRAD on 7 February 1965 instead of 7 February 1966 has been noted and found to have merit. 2. The applicant was inducted on 20 February 1964 and he served 1 year, 11 months and 18 days of active duty and was REFRAD on 7 February 1966. However, it appears that an administrative error occurred during the preparation of his DD Form 214 and it was prepared to reflect that he was REFRAD on 7 February 1965 instead of 7 February 1966. 3. Accordingly, his DD Form 214 should be corrected to reflect in block 11d that he was REFRAD on 7 February 1966 instead of 7 February 1965, as currently reflected. 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 the entry “7 Feb 65” in block 11d of his DD Form 214 * Entering the entry “7 Feb 66” in block 11d of his DD Form 214 _______ _ _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) AR20110011448 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110011448 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1