BOARD DATE:	  21 January 2016

		DOCKET NUMBER:  AR20150006747 


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, correction of item 11d (Effective Date) of his DD Form 214 (Armed Forced of the United States Report of Transfer or Discharge) to show 23 January 1963 instead of 23 January 1962.

2.  The applicant states it was a clerical error.
 
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 into the Army of the United States on 24 January 1961.  He trained as a light weapons infantryman.

3.  Headquarters, Fort Lewis, Special Orders Number 17, dated 22 January 1963, relieved him from active duty effective 23 January 1963 and assigned him to the U.S. Army Reserve Control Group (Annual Training).

4.  Item 11d of his DD Form 214 shows his effective date as 23 January 1962.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that item 11d of his DD Form 214 is incorrect appears to have merit.

2.  Since his discharge orders show he was relieved from active duty effective 23 January 1963, it would be appropriate to correct item 11d of his DD Form 214 to show this date.

BOARD VOTE:

___X_____  ___X_____  ___X_  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 current entry in item 11d of his DD Form 214 and replacing it with the entry "23 Jan 63."



      ___________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)                                         AR20150006747



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ABCMR Record of Proceedings (cont)                                         AR20150006747



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