ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  8 October 2019

	DOCKET NUMBER:  AR20170014776


APPLICANT REQUESTS:  the discharge date on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to 2 August 1968.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214
* Honorable Discharge Certificate

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states the date of discharge is incorrect as it currently reads 2 April 1968 and should read 2 August 1968.  There is an error in the date of discharge and he needs it corrected to apply for disability.

3.  The applicant provides the above listed documents.

4.  A review of the applicant’s service record shows:

a. He was inducted into the Army of the United States on 3 August 1966.

b. He served in Korea from 19 February 1966 to 18 March 1968.

c. His DA Form 20 (Enlisted Qualification Record) shows:

* Block 11 (Enlisted, Inducted, Reenlisted, Extended, and/or OAD) – Army of the United States (AUS) from 3 August 1966 to 2 August 1968
* Block 38 (Record of Assignments) – 2 August 1968, Refrad – Trf to USAR

   d.  Special Orders Number 193, dated 30 July 1968, ordered the applicant released from active duty (Refrad) and transferred to the U.S. Army Reserve (USAR) with an effective date of 2 August 1968.

   e.  The DD Form 214 currently states he was honorably released from active on 4 April 1968 with 2 years of active service.  

5.  By regulation, the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge.  The information entered thereon reflects the conditions as they existed at the time of separation.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined relief was warranted. Board members clearly saw that he completed 2 years of active duty, which if began on 3 August 1966, would have ended on 2 August 1968.  Additionally, the separation order shows 2 August 1968.  Based upon the documentary evidence provided by the applicant and found within the mitliary service record, the Board concluded that the discharge date currently on the applicant’s DD Form 214 was clearly an administrative error and warranted correction. 

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

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 amending his separation date from 2 April 1968 to 2 August 1968.  

	 
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.

REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice.  This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation 635-5 (Separation Documents) states the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge.  The information entered thereon reflects the conditions as they existed at the time of separation.

NOTHING FOLLOWS

ABCMR Record of Proceedings (cont)	 AR20170014776


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