IN THE CASE OF:
BOARD DATE: 10 July 2008
DOCKET NUMBER: AR20080000041
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that the date of induction and date of expiration shown on his separation document (DD Form 214) be corrected.
2. The applicant states, in effect, that his date of induction (20 November
1970) is incorrect, because he served in the Republic of Vietnam from 1 May 1969 to 12 April 1970. He also states that his date of expiration is incorrect. He needs his DD Form 214 corrected for retirement.
3. The applicant provides a copy of his DD Form 214 and a memorandum from the U.S. Department of Housing and Urban Development Employee Service Center, with attachments, dated 11 August 1999.
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 shows he was inducted into the Army of the United States on 22 November 1968. He completed the necessary training and was awarded the military occupational specialty (MOS) 36K (Field Wireman Crewman).
3. The applicant served continuously until he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training), St. Louis, Missouri, on 20 November 1970. He completed 2 years of Net Service This Period.
4. Item 10c (Date Inducted) of his DD Form 214 shows the entry "22 Nov 70."
5. Item 11d (Effective Date) of his DD Form 214, expiration of term of service, shows the entry "20 Nov 70."
6. Item 22a/b (Net Service This period and Total Active Service) of his DD Form 214 shows the entry "2 years, 00 months, and 00 days."
7. A review of DD Form 47 (Record of Induction), which was taken from the applicant's military personnel record shows that the applicant's date of induction was 22 November 1968.
8. Department of the Army, Headquarters, U.S. Army Field Artillery Center and Fort Sill, Fort Sill Oklahoma, Special Orders Number 316, dated 12 November 1970 shows that the applicant was released from active duty, effective
20 November 1970.
9. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. In pertinent part, it directed that you enter for individuals the date of induction in Item 10c. This same regulation state that you enter the date that separation was accomplished in Item 11d.
10. Army Regulation 635-5, in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. In pertinent part, it directed that you enter for individuals the total active service completed in Item 22a/b, beginning with the earliest period of active service up to and including period of active service, less any period served in the Army National Guard or U.S. Army Reserve not on active duty, and less time lost.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected, because his date of induction and date of expiration is incorrect.
2. The evidence shows that the applicant's date of induction was 22 November 1968 and he was released from active duty on 20 November 1970 for a total of
1 year, 11 months, and 29 days of Net Active Service This Period and Total Active Service. Therefore, he is entitled to correction of his records to show
22 November 1968 in Item 10c, date of induction, of his DD Form 214.
3. Since the applicant was properly released from active duty, effective
20 November 1970, there is no correction to be made in Item 11d of his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__XXX __ __XXX__ __XXX__ 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. showing in 22 November 1968 in Item 10c, date of induction of his DD Form 214; and
b. showing 1 year, 11 months, and 29 days in Item 22a/b, Net Active Service This Period and Total Active Service of his DD Form 214.
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 Item 11d of the applicant's DD Form 214.
___ XXX ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
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