IN THE CASE OF:	

		BOARD DATE:	  28 October 2008

		DOCKET NUMBER:  AR20080013128 


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 that his date of induction be corrected from 9 October 1946 to 9 February 1966.

2.  The applicant states that his date of birth was inadvertently entered as his date of induction.

3.  The applicant provides his separation document (DD Form 214), in support of his application.

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’s military records contain a DD Form 47, Record of Induction, which show that he was inducted and entered active duty on 9 February 1966.  
3.  The applicant’s DA Form 20, Enlisted Qualification Record, shows he entered active duty on 9 February 1966.

4.  The applicant served in Vietnam and was honorably released from active duty on 8 February 1968.  The DD Form 214 he was issued shows that he had exactly 2 years of active duty.  However, Item 10c, Date Inducted, shows the entry 
9 October 1946, which is the same entry as in Item 9, Date of Birth.

DISCUSSION AND CONCLUSIONS:

1.  It is obvious that the applicant did not enter active duty on his date of birth.

2.  The applicant’s record of induction and enlisted qualification record both verify that his date of induction was 9 February 1966.

3.  As such, it would be appropriate to now correct the applicant’s DD Form 214 to reflect his proper date of induction.

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 entering 9 February 1966 in Item 10c, Date Inducted, of his DD Form 214.



      _________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)                                         AR20080013128



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ABCMR Record of Proceedings (cont)                                         AR20080013128



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