ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  4 November 2019

	DOCKET NUMBER:  AR20180003560


APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the 
United States Report of Transfer or Discharge) to show his date of discharge as 
14 May 1969 instead of 14 March 1969.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214 
*	Special Orders Number 134, dated 14 May 1969
*	DA Form 1811 (Physical and Mental Status on Release from Active Duty), 
dated 14 May 1969

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 his DD Form 214 currently has a 14 March 1969 discharge 
date and it should read 14 May 1969.  He believes the clerk typed in the wrong 
month and would like it corrected.

3.  The applicant provides the above listed documents.

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

	a.  He was inducted in the Army of the United States on 12 October 1967.

	b.  His DA Form 20 (Enlisted Qualification Record) shows in item 31 (Foreign 
Service) he served in the U.S. Army Pacific, Vietnam from 24 March 1968 to 16 May 
1969.

	c.  On 14 May 1969, he completed an evaluation for Physical and Mental Status 
on Release from Active Duty.

	d.  Special Orders Number 134, dated 14 May 1969, released the applicant from 
active duty, not by reason of physical disability, with an effective date of 14 May 
1969.

	e.  He was honorably released from active duty with an effective date of 
14 March 1969.  His DD Form 214 shows he completed 1 year, 7 months, and 
3 days of active service with 1 year, 1 month, and 21 days of foreign service.

	f.  On 4 June 1969, the Ohio Bureau of Employment Services, submitted a 
request to the U.S. Army Administration Center Liaison Office, The Adjutant 
General’s Office, for verification of the applicant’s date of separation.  The applicant 
stated it should have read 14 May 1969.  The letter was returned, signed, and dated 
5 October 1972 with the date of separation identified as 14 May 1969.

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, to include his military 
service in Vietnam and Orders, which reflects his release date of 14 May 1969, the 
Board agreed that the applicant’s DD Form 214, item 11d (Effective Date) should be 
corrected to show his date of release from active duty as 14 May 1969.  

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 DD 
Form 214 by showing his date of release from active duty as 14 May 1969 instead of 
14 March 1969.


	  
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), in effect at the time, 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)	 AR20180003560

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