IN THE CASE OF:	  

		BOARD DATE:	  3 March 2011

		DOCKET NUMBER:  AR20100021211 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the correct date of his induction.

2.  The applicant states his DD Form 214 shows the date of induction as 1967 which is incorrect since he served in Vietnam from January 1966 to January 1967.

3.  The applicant provides 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's DD Form 47 (Record of Induction) shows he was inducted into the Army of the United States (AUS) on 27 July 1965.  He was trained in and awarded military occupational specialty 11B (Light Weapons Infantryman).  He served in Vietnam from 29 January 1966 through 27 January 1967.

3.  He was honorably released from active duty (REFRAD) on 26 July 1967 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.   

4.  He completed 2 years of creditable active service.  Item 10c (Date Inducted) of his DD Form 214 shows the entry "27 Jul 67" and item 11d (Effective Date) of his REFRAD shows the entry "26 Jul 67."

5.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  Chapter 2 contains guidance on the preparation of the DD Form 214.  Extreme care is used when completing this item since post-service benefits, final pay, retirement credit, and so forth are based on this information.

DISCUSSION AND CONCLUSIONS:

The evidence of record shows the applicant was inducted into the AUS on 27 July 1965, he completed 2 years of creditable active service, and he was honorably released from active duty on 26 July 1967.  His DD Form 214 inadvertently listed the year of his induction as 1967.  Therefore, he is entitled to correction of his DD Form 214 to show his correct 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 deleting from item 10c of his DD Form 214 the entry "27 Jul 67" and replacing it with the entry "27 Jul 65."



      ___________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)                                         AR20100021211



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ABCMR Record of Proceedings (cont)                                         AR20100021211



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