RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 23 February 2005
DOCKET NUMBER: AR20040001970
I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.
| |Mr. Carl W. S. Chun | |Director |
| |Mr. Joseph A. Adriance | |Analyst |
The following members, a quorum, were present:
| |Mr. Hubert O. Fry | |Chairperson |
| |Ms. Marla N. Troup | |Member |
| |Mr. Peter B. Fisher | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that Item 10c (Date Inducted) of his
24 October 1971 separation document (DD Form 214) be corrected to reflect
the correct year.
2. The applicant states, in effect, that he was inducted on 17 March 1970
and his DD Form 214 incorrectly lists his induction date as 17 March 1971.
3. The applicant provides a copy of his DD Form 214 in support of his
application.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of alleged error or injustice
that occurred on 24 October 1971. The application submitted in this case
is dated
13 May 2004.
2. 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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so. In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.
3. The DD Form 47 (Record of Induction) prepared on the applicant during
his induction processing confirms he was inducted into the Army and entered
active duty on 17 March 1970.
4. The applicant’s Enlisted Qualification Record (DA Form 20) contains the
entry 17 March 1970 in the effective date portion of Item 11 (Enlisted,
Inducted, Reenlisted, Extended, and or OAD). Item 38 (Record of
Assignments) contains an entry that verifies the applicant reported to the
Reception Station,
Fort Campbell, Kentucky on 17 March 1970.
5. On 24 October 1971, the applicant was honorably separated under the
provisions of chapter 5, Army Regulation 635-200, by reason of overseas
returnee. The DD Form 214 he was issued on that date indicates, in
Item 22a (Net Service This Period), that he completed 1 year, 7 months and
8 days of active military service.
DISCUSSION AND CONCLUSIONS:
1. The applicant’s claim that the induction date entered in Item 10c of
his
DD Form 214 contains the incorrect year was carefully considered and found
to have merit.
2. The evidence of record confirms the applicant was inducted into the
Army and entered active duty on 17 March 1970, as evidenced by the DD Form
47 and
DA Form 20 on file. Further, in computing his total active military
service of
1 year, 7 months and 8 days using his separation date of 24 October 1971,
in order to arrive at this total active service period, his induction date
and the date he entered active duty would have to be 17 March 1970. Thus,
it would be appropriate to correct Item 10c of his DD Form 214 accordingly.
BOARD VOTE:
___PBF _ __MNT__ ___HOF _ GRANT 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 and to excuse failure to timely file. As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by amending Item 10c of his 24 October
1971 DD Form 214 by deleting the current entry and replacing it with the
entry “17 March 1970”; and by providing him a corrected separation document
that reflects this change.
____Hubert O. Fry______
CHAIRPERSON
INDEX
|CASE ID |AR20040001970 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |2005/02/23 |
|TYPE OF DISCHARGE |HD, |
|DATE OF DISCHARGE |1971/10/24 |
|DISCHARGE AUTHORITY |AR 635-200 |
|DISCHARGE REASON |OS Rtn |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. 1021 |100.0000 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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