IN THE CASE OF:.  

		BOARD DATE:	20 December 2011

		DOCKET NUMBER:  AR20110013263 


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 show in item 10b (Selective Service Local Board Number, City, County, State and Zip Code) Local Board
 #30 Mauston, WI, and in item 12b (Last Duty Assignment and Major Command) Company C, 577th Engineer Battalion.

 2.  His local board city is spelled wrong and his last company should be Company C. not Company B.  He didn't notice these errors when he was discharged.

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.  A DD Form 215 (Correction to DD Form 214) was issued on 24 March 1971 correcting item 12 to show Company C.  This issue will not be further discussed in this Record of Proceedings.  A copy of the DD Form 215 will be provided to him.  A copy of the DD Form 215 will be provided to him.

3.  The applicant's records show he enlisted in the Regular Army on 5 August 1967.  His DD Form 4 (Enlistment Record – Armed Forces of the United States) shows in item 26d (Selective Service Board Number and Address (City, County, and State)) LB #30, Mauston, Juneau Co., Wisconsin.  

4.  He was honorably released from active duty on 8 May 1970.  He had completed 2 years, 9 months, and 4 days of total active service. 

5.  His DD Form 214 shows in item 10b Local Board No., Mauson, WI. 

6.  Army Regulation 635-5 (Separation Documents), in effect at the time, provides detailed instructions for completing separation documents, including the DD Form 214.  It states:  enter in item 10b the Selective Service local board number and the city and State in which located (county will not be entered in item 10).

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 should be corrected to show in item 10b Local Board #30, Mauston, WI. 

2.  There is sufficient evidence to justify the above change to his record.

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 showing in item 10b Local Board #30, Mauston, WI.



      ______________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)                                         AR20110003412



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ABCMR Record of Proceedings (cont)                                         AR20110013263



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