RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 15 April 2008
DOCKET NUMBER: AR20070018787
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.
The following members, a quorum, were present:
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 17c (Date of Entry) of his
23 February 1972 separation document (DD Form 214) be corrected.
2. The applicant states, in effect, that the year listed in Item 17c of his DD Form 214 should be corrected to read 1969 instead of 1949, as is currently entered.
3. The applicant provides no additional documentary evidence 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 record contains an Enlistment Contract-Armed Forces of the United States (DD Form 4), which shows he enlisted in the Regular Army (RA) for 3 years on 19 November 1969.
3. The applicant's Enlisted Qualification Record (DA Form 20), which was prepared on 25 November 1969, upon his entry on active duty contains the entry "19 Nov 69" in Item 11 (Enlisted, Inducted, Reenlisted, Extended, and or OAD).
4. On 23 February 1972, the applicant was honorably separated after completing 2 years, 3 months, and 5 days of active duty service during the period covered by the DD Form 214. The entry in Item 17c of the DD Form 214 the applicant was issued upon his separation erroneously lists the year as 1949, instead of 1969, as indicated in his enlistment contract and DA Form 20.
5. 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.
6. Chapter 2 of the separation documents regulation provides, in pertinent part, that the date of entry will be the beginning date the member enters active duty for that period, as taken from the enlistment contract and qualification record.
DISCUSSION AND CONCLUSIONS:
The applicant's contention that the date of entry in Item 17c of his 23 February 1972 DD Form 214 has been carefully considered and found to have merit. The evidence of record, which includes the applicant's DD Form 4 and DA Form 20, confirms he enlisted in the RA and entered active duty on the period covered by the DD Form 214 in question on 19 November 1969. As a result, it is clear the year 1949 was included in the date of entry as a result of an administrative error, which should be corrected at this time. Therefore, Item 17c of the applicant's
23 February 1972 DD Form 214 should be corrected to reflect the proper year of "1969" in the entry in Item 17c.
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 his 23 February 1972 DD Form 214 by deleting the current entry and replacing it with the entry "19 November 1969"; and by providing him a correction to his separation document that includes this change.
______x __
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