RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 28 February 2008
DOCKET NUMBER: AR20070015813
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.
Ms. Catherine C. Mitrano
Director
Mr. Michael L. Engle
Analyst
The following members, a quorum, were present:
Mr, Richard T. Dunbar
Chairperson
Ms. Marla J. N. Troup
Member
Mr. David R. Gallager
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 his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show his date of entry on active duty.
2. The applicant states that this error is delaying his receipt of social security benefits.
3. The applicant provides a copy of 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants Service Record (DA Form 24) shows that he enlisted in the Regular Army for 3 years on 14 April 1961. He completed his initial training and was awarded military occupational specialty 843.10 (Photography Laboratory Specialist).
3. Special Orders Number 83, United States Army Infantry Center, Fort Benning, Georgia, dated 10 April 1964, released the applicant from active duty on 13 April 1964 and transferred him to the United States Army Reserve.
4. Item 19c (Date of Entry) of the applicants DD Form 214, effective 13 April 1964 shows a date of 14 April 1964. Item 24 (Statement of Service) of this same form shows that the applicant completed 3 years of creditable active service.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record clearly shows that the applicant enlisted in the Regular Army on 14 April 1961 and served on active duty for 3 years. However, his DD Form 214 incorrectly shows his date of entry as 14 April 1964.
2. In view of the above, the applicants request to correct his DD Form 214 should be granted.
BOARD VOTE:
RTD ___ __DRG__ __MJNT_ 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 showing in Item 19c (Date of Entry) of his DD Form 214 a date of 14 April 1961.
__ Richard T. Dunbar ___
CHAIRPERSON
INDEX
CASE ID
AR
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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