RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           2 August 2005
      DOCKET NUMBER:  AR20040010014


      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. William D. Powers             |     |Chairperson          |
|     |Mr. Robert L. Duecaster           |     |Member               |
|     |Ms. Jeanette R. McCants           |     |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, correction of Item 10c (Date
Inducted) and Item 11d (Effective Date) of his separation document (DD Form
214).

2.  The applicant states, in effect, that he entered active duty on 30
December 1965 and that he was discharged on 23 December 1967.  He also
claims that he served as a truck driver while in the Republic of Vietnam
(RVN).

3.  The applicant provides a copy of his Enlisted Qualification Record (DA
Form 20) and 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 19 December 1967.  The application submitted in this case
is dated 28 October 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 limitations 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 applicant’s Military Personnel Records Jacket (MPRJ) contains a
Record of Induction (DD Form 47) that confirms he was inducted into the
Army and entered active duty on 30 December 1965.

4.  Item 11 (Enlisted, Inducted, Reenlisted, Extended and/or Ordered to
Active Duty) of the applicant’s DA Form 20 contains an entry confirming he
entered active duty on 30 December 1965, and Item 38 (Record of
Assignments) contains an entry showing he arrived at the reception center
on that same date.

5.  Item 22 (Military Occupational Specialties) of the applicant’s DA Form
20 contains an entry confirming he was awarded the MOS 94B (Cook) on 9 June
1966.  Item 38 contains entries confirming he performed duties in MOS 94 as
a cook while he was assigned to the 25th Infantry Division in the RVN from
2 April through 6 December 1967.

6.  The MPRJ also contains Headquarters, United States Army Personnel
Center (USAPC), Oakland, California Special Orders Number 353 confirms the
applicant was authorized to be released from active duty (REFRAD) on 19
December 1967.

7.  Item 10c of the DD Form 214 issued to the applicant upon his separation
contains an entry in Item 11c that indicates his induction date was 30
December 1967.  Item 11d contains an entry showing an effective date of 19
December 1967.  Item 22a(1) (Net Service This Period) contains an entry
indicating the applicant completed a total of 1 year, 11 months and 20 days
of active military service during the period covered by the DD Form 214.

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for Soldiers on retirement, discharge,
release from active duty service, or control of the Active Army.  It also
establishes standardized policy for preparing and distributing the DD Form
214.  The regulation in effect at the time indicated that the date the
member was inducted and entered active duty would be entered in Item 10c
and the date the member was separated would be entered in Item 11d.  The
instructions for Item 22a(1) indicated that this period would be arrived at
by subtracting the date in Item 10c or Item 17c (Date of Entry) from the
from the date in Item 11d.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim that the date he entered active duty is
incorrectly listed in Item 10c of his DD Form 214 was carefully considered
and found to have merit.  The evidence of record confirms the applicant was
inducted into the Army and entered active duty on 30 December 1965.
However, due to an administrative error, the year portion of the entry in
Item 10c erroneously listed 1967 as the year of entry on active duty.
Therefore, it would be appropriate to correct this entry to read “30
December 1965”.

2.  The applicant’s claim that the date of his discharge was 23 December
1967 was also carefully considered.  However, there is insufficient
evidence to support this claim.  The applicant’s record contains separation
orders prepared at the USAPC, Oakland, California during is separation
processing.  These orders confirm he was REFRAD on 19 December 1967.  The
period of active duty service he completed is also listed as 1 year, 11
months and 20 days in Item 22a(1) of his DD Form 214, which confirms he
entered active duty on
30 December 1965 and was REFRAD on 19 December 1967.  As a result, there is
an insufficient evidentiary basis to support a change to effective date of
separation entered in Item 11d of his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

___WPD_  ___RLD _  ___JRM_  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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 his 19
December 1967 DD Form 214 by deleting the current Item 10c entry and
replacing it with the “30 December 1965; and by providing him a corrected
separation document that reflects this change.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
correction of Item 11d of the DD Form 214 and to have the record reflect
duty as a truck driver.




            ____William D. Powers __
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040010014                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/08/02                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1967/12/19                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |OS Rtn                                  |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  1021 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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