ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  17 September 2019

	DOCKET NUMBER:  AR20170015598


APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) item 11d (Effective Date) reflect the correct date of 5 April 1966.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
DD Form 149 (Application for Correction of Military Record)

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 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 that his DD Form 214 item 11d reflects the effective date of his separation as 5 April 1941.  Item 11d should reflect the correct date of 5 April 1966.  He was born in 1941.

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

	a.  He was inducted into the Army of the United States on 6 April 1964.  His date of birth is reflected as XX X__ 1941.

	b.  DA Form 20 (Enlisted Qualification Record) item 38 (Record of Assignments) shows that the applicant was released from active duty and transferred to the U.S Army Reserve on 4 April 1966.

	c.  Special Orders Number 76, dated 1 April 1966, releases the applicant from active duty effective 5 April 1966.

	d.  He was honorably released from active duty and transferred to the U.S Army Reserves on 5 Aril 1966.  His DD Form 214 shows in item 11d the date of 5 April 1941.

4.  AR 635-5 (Separation Documents) in effect at the time states that item 11d enter date separation is accomplished.  Date of separation is that date so specified in separation orders or the termination date of self-executing orders.  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.  After reviewing the documentary evidence provided by the applicant and found within the military service record, the Board immediately noticed that the 1941 date is in error as this date was his year of birth.

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 WD DD Form 214 to show in item 11d the date of 5 April 1966.
	 
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 Army Board for Correction of Military Records (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.  AR 635-5 (Separation Documents) in effect at the time states that item 11d enter date separation is accomplished.  Date of separation is that date so specified in separation orders or the termination date of self-executing orders.


ABCMR Record of Proceedings (cont)	 AR20170015598
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