RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 29 April 2008
DOCKET NUMBER: AR20070018334
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.
Director
Analyst
The following members, a quorum, were present:
Chairperson
Member
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 the date of entry on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of
16 October 1967 be corrected to read 2 November 1964, the date he enlisted in the Regular Army.
2. The applicant states, in effect, the date of entry on his DD Form 214 is incorrect.
3. The applicant provides a copy of his 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 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 applicant's military personnel record contains a DD Form 4 (Enlistment Record - Armed Forces of the United States) that shows in Item 41 (Oath of Enlistment) he enlisted in the Regular Army on 2 November 1964 for a period of 3 years.
3. On 16 October 1967, the applicant was released from active duty by reason of being an overseas returnee. He had completed 2 years, 11 months, and 15 days of active service that was characterized as honorable.
4. Item 17c (Date of Entry) of the applicant's DD Form 214 contains the entry
"16 Oct 67" (16 October 1967).
5. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. The regulation provided, in pertinent part, that the date an individual entered on active duty or date of enlistment was to be entered in Item 17c of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the date of entry on his DD Form 214 should read
2 November 1964.
2. The date of the applicant's oath of enlistment on his DD Form 4 is
2 November 1964. Therefore, the entry in Item 17c of his DD Form 214 is obviously in error. Therefore, it is appropriate to amend the applicant's
DD Form 214 to reflect the correct date of entry, 2 November 1964.
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 amending Item 17c of the applicant's DD Form 214 to read 2 Nov 64 instead of 16 Oct 67.
__________X____________
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20070018334
2
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA 22202-4508
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